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OKEMEFUNE NDOZIE v. THE STATE

(2016) JELR 37189 (SC)

Supreme Court  •  SC.450/2013  •  29 Jan 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division delivered on 16th July, 2013 wherein the Lower Court affirmed the judgment of the trial High Court of Delta State sitting at Ogwashi-Uku. In the said judgment the appellant and two others were found guilty and convicted for the offence of conspiracy to commit murder of one Smart Okwute and sentenced to 10 (ten) years imprisonment each with hard labour.

The brief facts giving birth to this appeal may be stated as follows:-

The appellant and three other persons were originally arraigned before the High Court of Delta State sitting at Ogwashi-Uku and presided over by T.O. Diai, J on 1st December, 2010 upon information filed on 19th August, 2010. The original information was subsequently substituted by a four count information on 12th January, 2011.

The record shows that in the information filed by the State, the 1st, 2nd and 3rd accused persons were char…

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