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JOHN OTA OGBAGA v. THE STATE

(2016) JELR 36821 (CA)

Court of Appeal  •  CA/E/469C/2014  •  10 Mar 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Ebonyi State presided over by Hon. Justice P. O. Elechi of the Abakaliki Judicial division delivered on the 28th of June 2013.

In it, the Appellant JOHN OTA OGBAGA was convicted for the offence of Arson, and sentenced to seven years imprisonment. - Pages 136-153 of the Record of Appeal.

FACTS OF THE CASE - The Appellant and five other persons were alleged to have willfully and unlawfully set fire on the dwelling house of one Michael Onyibe on the 23rd day of May 2011.

They were therefore arraigned before the High Court of Ebonyi State, Abakaliki.

The Prosecution, at the trial called four witnesses and tendered 7 (seven) exhibits, A, B, C, D, E, F and G respectively, while the accused (Appellant) called 14 (fourteen) witnesses and tendered four exhibits; B1, B, J and H respectively.

The case of the Prosecution is that on the 23rd of May 2011 the Appellant and five other…

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