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OGBEMUDIA OMORUYI v. THE STATE

(2016) JELR 37037 (CA)

Court of Appeal  •  CA/B/368CB/2010  •  22 Mar 2016  •  Nigeria

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

Judgement

UGOCHUKWU ANTHONY OGAKWU, JCA(Delivering the Leading Judgment):

EXORDIUM

Before the High Court of Edo State in Charge No. B/57C/2006, the Appellant and eight others were arraigned on a three count charge of conspiracy to commit murder and the murder of two persons. In the course of the trial at the Lower Court the 1st, 2nd and 9th accused persons were discharged at the close of the case for the prosecution, upon the success of their no case submission. The remaining six accused persons entered upon their defence and in its judgment delivered on 23rd July, 2010, the Lower Court Coram: C. O. Idahosa, Chief Judge, discharged and acquitted three of the accused persons while the Appellant, who was the 4th accused person at the trial and two other accused persons were convicted as charged and sentenced to death by hanging. The judgment of the Lower Court is at pages 394  471 of the Main Records of Appeal.

Miffed at the judgment, the Appellant appealed against the same on 27th July, 2010. The …

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