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EKPO OBONGHA MBANG V. THE STATE

(2012) JELR 55816 (SC)

Supreme Court  •  SC.204/2010  •  15 Jun 2012  •  Nigeria

Coram
MAHMUD MOHAMMED JSC (Presided) JOHN AFOLABI FABIYI JSC BODE RHODES-VIVOUR JSC OLUKAYODE ARIWOOLA JSC

Judgement

CHUKWUMA-ENEH JSC (Delivering the Lead Judgment): The A accused person/appellant in this matter has by a notice of appeal filed on 13 June 2007 appealed to this court against the judgment of the Court of Appeal, Calabar Judicial Division that has affirmed the conviction and sentence of the appellant and his co-accused to death by hanging as passed on them by the High Court of the Ugep Judicial Division (trial court). The said notice of appeal filed on 16 April 2009 by the appellant has raised two grounds of appeal. Both parties to this appeal have filed and exchanged their respective briefs of argument. The appellant in his brief of argument has formulated 2 (two) issues for determination to wit: i. “Whether from the circumstances of this case, the alleged confessional statements of the appellant - exhibits F, F1- F5 and especially exhibits F4 and F5 upon which the appellant wasconvicted and sentenced were voluntarily madeand rightly admitted in evidence. i . Assuming (without conce…

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