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DANIEL NSOFOR ETHELBERT ALAEGBU V. THE STATE

(2002) JELR 56790 (CA)

Court of Appeal  •  CA/B/292/98  •  8 Mar 2002  •  Nigeria

Coram
BABA ALKALI BA’ABA, JCA (Presided and Read the Lead Judgment) SAKA ADEYEMI IBIYEYE, JCA KUMAI BAYANG AKAAHS, JCA

Appearances
D. O. Okoh, Esq, - for the Appellants. -*- V. O.A Oviawe, Esq, Principal Legal Officer, Ministry of Justice, Edo State - for the Respondent H

Judgement

BA’ABA, JCA (Delivering the Lead Judgment): At the Edo State High

Court holden at Benin, the appellants were, along with Friday Aigbedion and Uchechukwu Ehieze (alias Emeka), charged with the conspiracy to murder one Maria Imariagbe contrary to section 324 (1) of the Criminal Code Cap. 48 Volume 11, Laws of Bendel State of Nigeria, 1976 as applicable in Edo State.

On the second, appellants, along with Friday Aigbedion and Uchechukwu Ehieze (alias Emeka), were charged with the murder of one Maria Imariagbe, contrary to Section 319 (1) of the Criminal Code Cap. 48 volume 11, Laws of Bendel state of Nigeria, 1976 as applicable in Edo State. The case was heard by Idahosa, J, who on 19/6/96, in a reserved judgment found the appellants guilty of conspiracy to murder on count 1 and murder on count 11 and sentenced the appellants to death accordingly. The appellants appealed to this court against the judgment of the trial court. Each appellant filed a separate notice of appeal containing two …

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