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DANIEL OKAFOR v. THE STATE

(2016) JELR 37191 (SC)

Supreme Court  •  SC.843/2014  •  29 Jan 2016  •  Nigeria

Coram
SULIEMAN GALADIMA JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): This is an appeal against the concurrent decisions of the High Court of Delta State delivered on 30/4/2014 and the Court of Appeal, Benin Division delivered on 5/12/2014 to the effect that the appellant has a case to answer in respect of two of the three count charge against him.

On 25/7/2013 the appellant and one Sunday Okolie Emenike were arraigned before the trial Court on a three-count charge of conspiracy to kidnap, attempted kidnapping and attempted murder, with others now at large, of one Chief John Uchechu punishable under Sections 516, 509 and 320 respectively of the Criminal Code Cap 21 Vol 1 Laws of Delta State 2006.

They both pleaded NOT GUILTY to each count of the charge. At the trial, the prosecution called four witnesses, tendered some exhibits and closed its case. The appellant made a no-case submission. In a considered ruling delivered on 30/4/2014, the trial Court upheld the no-case submis…

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