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ODION OKHIRIA v. THE STATE

(2016) JELR 37081 (CA)

Court of Appeal  •  CA/B/271C/2011  •  24 Mar 2016  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MUDASHIRU NASIRU ONIYANGI JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Edo State of Nigeria, Auchi Judicial Division in Charge No. HEK/2C/2003: THE STATE V. ODION OKHIRIA and 3 OTHERS delivered on 3rd day of May, 2011 wherein the Accused/Appellant was convicted on Counts 1 and 2 and sentenced to 7 years imprisonment with hard labour in Count 1 and 14 years imprisonment with hard labour in Count 2. The terms of imprisonment are to run concurrently.

Briefly, the facts of this case are that the Appellant and one Miss Aimuanohi Iziengbeaya Ihonre (i.e. PW7) had dated for about 4 years until PW7 decided to call off the relationship as she felt it was not going to lead to marriage.

The Appellant felt bad and threatened to kill PW7 or blind her. On 17/5/2002 at about 6.30pm while PW7 was on her way to church at Ujemen in Ekpoma, the Appellant used his vehicle to block the vehicle which PW7 boarded, dragged her out of the vehicle and beat …

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