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INNOCENT NWEKE v. THE STATE

(2017) JELR 38180 (SC)

Supreme Court  •  SC.714/2015  •  13 Apr 2017  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC; PAUL ADAMU GALINJE JSC;

Judgement

PAUL ADAMU GALINJE, JSC (Delivering the Leading Judgment): The Appellant herein along with four other persons, namely EIias Mmadukaegbu, Edwin Nweke, Charles Igwe and Christopher Okafor Igwe were arraigned on an information before the Anambra State High Court holden at Awka, charged with the offences at conspiracy to commit murder and attempted murder. By a notice dated 30th April, 2010, the Appellant and his co-accused asked the prosecution to produce for their inspection for the purpose of preparing their defence several materials in accordance with the provision of Section 36(6)(b)and (d) of the 1999 Constitution of the Federal Republic of Nigeria and Sections 220 (1) and 146 of the Administration of Criminal Justice Law of Anambra State 2010. Thereafter Dr. Obiorah, learned counsel for the accused persons filed on application dated 5th January, 2010 in which he prayed for the following Orders,-

"1. Dismissing or striking out the Proofs of Evidence in this matter as incompetent and …

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