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JOEL OMOZE V. THE STATE

(2016) JELR 51576 (CA)

Court of Appeal  •  CA/B/519C/2014  •  7 Jun 2016  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA HAMMAAKAWU BARKA JCA UGOCHUKWU ANTHONY OGAKWU JCA

Appearances
Ayo Asala Esq, (with him, John Smart Esq., and Eyitayo Olorunfemi) for the Appellant; C. O. Agbagwu Esq., Assistant Director, Public Prosecution, Delta State for the Respondent.

Judgement
<p><strong> </strong></p><p><strong>BARKA JCA (Delivering the Lead Judgment): </strong> On 4 November 2014, the Hon. Justice Roli D. Harriman (Mrs) presiding at the Delta State High Court of Justice, Effurun, in suit No. EHC/58C/2013, <em> The State v. Joel Omoze</em>, conclusively held:</p><blockquote>β€œIn view of my findings above, I find that the prosecution has proved the offence of defilement and indecent assault against the accused. He is sentenced to 5 years in prison for the offence of defilement and 2 years for indecent assault, both sentences to run concurrently.”</blockquote><p>The appellant felt dissatisfied with his conviction and sentence by the trial court and approached this court, <em> vide </em> a notice of appeal filed on 10 December 2014, predicated uponeight grounds of appeal. The notice and grounds of appeal are contained at pages 88-92 of the records of appeal. The facts relevant to this appeal gleaned from the records shows that the appellant on 10 December 2013, was arraigned on a three count charge of unlawful carnal knowledge of one Destiny Ogbe (F), …</p>

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