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CHIEF PRIEST FELIX NOSAKHARE OSADOLOR (ALIAS AFRO) V. THE STATE

(2016) JELR 54319 (CA)

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

Coram
JIMI OLUKAYODE BADA JCA (Presided) MUDASHIRU NASIRU ONIYANGI JCA UGOCHUKWU ANTHONY OGAKWU JCA (Read the Lead

Appearances
Chief E. L. Akpofure SAN (with him, E. O. Afolabi, Esq., -*- L. O. Egboyi, Esq., Miss O. N. Okuguni and Mrs. E. E.O Uloho) - for the Appellant . -*- Chief V. E. Otomiewo (with D. O. Jarikre Esq., and E. D. B -*- Otomewo, Esq.) - for the Respondent .

Judgement
<p><strong>OGAKWU JCA (Delivering the Lead Judgment):</strong></p><p><em> Prolegomenon </em></p><p>The appellant is one of nine (9) persons who stood trial on a three-count charge of conspiracy to commit murder and the murder of two (2) persons. At their trial before the High Court of Edo State in charge No. B/57C/2006, 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. Thereafter, the remaining six (6) accused persons entered upon their defence and in its judgment delivered on 23 July 2010, the lower court, <em> coram Judice: </em> C. O. Idahosa, chief judge, dischargedand acquitted three of the accused persons while the appellant, who was the 3rd 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. The appellant dissatisfied with the judgment filed a total of four notices of appeal, all within…</p>

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