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ERIC NJIOKWUEMENI V. THE STATE

(2000) JELR 53938 (CA)

Court of Appeal  •  CA/B/118/95 .  •  28 Mar 2000  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND, JCA (Presided) BABA ALKALI BA’ABA, JCA (Read the Lead Judgment) SAKA ADEYEMI IBIYEYE, JCA

Appearances
Mr. I. E. Imadegbelo (with M. O. Bello, Osagie and A. O. Ghuivenoya -*- - for the Appellant. -*- Mr. C. O. Emifoniye, A.C.L.O. - Delta State.

Judgement
<p><strong> BA’ABA, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of O. A. Igbogidi, J., of the High Court of Delta State, of Nigeria, sitting at Ogwashi-Uku Judicial Division, delivered on the 28th A day of July, 1994, wherein the appellant was convicted for grievous hurt under section 332 (7) of the Criminal Code Law, Cap 48, Vol.11, Laws of the defunct Bendel State of Nigeria, 1976 and sentenced to 5 years imprisonment with hard labour. The appellant was charged before the trial court for unlawfully throwing a corrosive fluid upon one Veronica Morka, with intent to cause her grievous hurt on 21/1/91 at Issele-Mkpitime in the Ogwashi-Uku Judicial Division, as a result of which Veronica sustained injuries for which she was admitted in the hospital. The facts of the case as borne by the record are not in dispute. The facts run thus:- On 21/1/91, one Veronica Morka, a trader and a housewife, who testified as PW1, was at Umuonyimi Village, in Issele-Mkpitime Local Gov…</p>

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