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LOVEDAY CHUKWUDI AHUCHAOGU V. THE STATE

(2024) JELR 112355 (SC)

Supreme Court  •  SC.549/2017  •  8 Mar 2024  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC MOHAMMED LAWAL GARBA, JSC HELEN MORONKEJI OGUNWUMIJU, JSC ADAMU JAURO, JSC TIJJANI ABUBAKAR, JSC

Appearances
A,C. OKOROAFOR, ESQ. with CHIJIOKE UDEOGU, ESQ. for the appellant. MR IKECHUKWU UWANNA, ESQ, Hon. Attorney-General and commissioner for Justice, Abia State with MRS NKIRU AKIONLA, ESQ, Director, Legal Services and C.I AMANANBA, ESQ, Assistant Chief State Counsel for the respondent.

Judgement

ADAMU JAURO JSC (Delivering the Leading Judgement): The appeal herein is against the judgment of the Court of appeal, Owerri Division in appeal No. CA/OW/275/2012 delivered on 7th April 2017 wherein the court dismissed the Appellant's appeal against the judgment of the High Court of Abia State which had convicted the Appellant for the offences of conspiracy, kidnapping, murder and robbery and sentenced him to death for murder and various terms of imprisonment for the other offences.

SYNOPSIS OF FACTS

The facts culminating in the instant appeal can be summarised thus:

The Appellant as accused person was arraigned, tried and convicted before the High Com rt of Abia State on a four-count information bordering on conspiracy, kidnapping, murder and robbery. After trial and adoption Of final written addresses, but before judgment, the information was amended and the Appellant again pleaded not guilty to all the counts. The amended information reads thus:

"STATEMENT OF OFFENCE β€” COUNT ONE

CON…

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