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SUNDAY ADELEKE OSAYOMI & ORS. V. THE STATE

(2006) JELR 33376 (CA)

Court of Appeal  •  CA/IL/C46/2005  •  4 May 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The case commenced from the Chief Magistrate's Court, Grade II, Osan-Ekiti in Otun-Ekiti Magisterial District of Ekiti Slnle, where the appellants were charged for five counts as follows:-

(i) Count I - First Appellant allowed himself to be illegally installed as Oba.

(ii) Count II - First Appellant held himself as Oba

(iii) Count III - 3rd, 4th and 5th Appellants illegally installed 1st Appellant as Oba.

(iv) Count IV - All Appellants engaged in unlawful assembly.

(v) Count V. - All appellants conducted themselves in a manner likely to cause a breach of the peace, 1st

appellant herein stood for counts I, II, IV and V.

Initially, eight persons were charged but before the end of trial, at different stages of the case, 2nd, 3rd and 5th accused persons died. The case proceeded to trial with the rest of the accused persons. The learned trial magistrate found the counts proved, convicted and sentenced the appellants to various t…

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