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EBIERIM ONIANWA v. THE STATE

(2015) JELR 36712 (CA)

Court of Appeal  •  CA/B/260C/2014  •  13 Feb 2015  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): This appeal emanates from the judgment of the Delta State High Court Asaba Judicial Division delivered by Hon. Justice M.O. Omovie on the 27th day of March, 2014. The judgment is predicated on a confessional statement made by the appellant on which the lower Court convicted and sentenced him to a term of imprisonment for the offences of Conspiracy to commit Kidnapping and Kidnapping.

The appellant was arraigned before the lower Court on a five count charge as follows:

COUNT 1

EBIERIM ONINAWA (M) on or about the 31st day of January, 2012, at Kilometre 3, Ibusa/Asaba Expressway, in the Asaba Judicial Division conspired with others now at large to commit a felony to wit: Kidnapping

COUNT II

EBIERIM ONINAWA (M) on or about the 31st day of January, 2012, at Kilometre 3, Ibusa/Asaba Expressway, in the Asaba Judicial Division, unlawfully imprisoned or detained Philip Okocha for four (4) days against his will.

COUNT III

EBIERIM ONIN…

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