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PROMISE NWOKU v. THE STATE

(2017) JELR 37720 (CA)

Court of Appeal  •  CA/OW/315C/2012  •  2 Jun 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 26/1/2011 by the High Court of Abia State presided over by Hon. Justice T.U. Uzokwe (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The Appellant as the accused person was charged on an undated Information with the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II of the Laws of Eastern Nigeria 1963 as applicable in Abia State. In the particulars of offence, the Appellant was alleged to have murdered one Chukwuyere Nwoku on 1/12/2008 at Umukabia Okpuala in the Umuahia Judicial Division. The Appellant pleaded not guilty to the charge preferred against him upon his arraignment before the lower Court on 29/1/2010. On 28/6/2010, the prosecution applied to substitute the Information for the offence of murder it preferred against the Appellant with one charging him with the offence of manslaught…

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