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OKECHUKWU OKAFOR v. THE STATE

(2017) JELR 37851 (CA)

Court of Appeal  •  CA/OW/37C/2016  •  14 Aug 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 23/9/2015 by the High Court of Imo State sitting in the Etiti Judicial Division presided over by Hon. Justice E.O. Agada (hereafter to be simply referred to as the lower Court and the learned trial Judge respectively).

Both the Appellant as the 1st accused person and one Beatrice Ihuoma(his mother) as the 2nd accused person, were charged with the murder of one George Okafor, contrary to Section 319(1) of the Criminal Code, Cap. 30, Vol. 2 of the Laws of Eastern Nigeria, 1963 as applicable to Imo State in the Information filed before the lower Court. George Okafor (hereafter to be simply referred to as the deceased) was the 1st accused persons Uncle and also brother-in-law to the 2nd accused person. Both accused persons pleaded not guilty to the charge preferred against them on 19/3/2012. After evaluating the totality of the evidence adduced before it by the prosecut…

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