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UGO OVUOBA V. THE STATE

(2016) JELR 41196 (CA)

Court of Appeal  •  CA/E/473C/2014  •  24 Jun 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Ejike Ezenwa, Esq. For Appellant A. N. Nwankwagu, Esq., Attorney-General, Ebonyi State, with I. I. Alobu, Esq. Director of Public Prosecutions, Ministry of Justice, Abakaliki, Ebonyi State and F. N. Nteoma, Esq., Chief State Counsel, Ministry of Justice, Abakaliki, Ebonyi State For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice P. O. Elechi delivered on the 28th of June 2013, sitting at the High Court of Ebonyi State of Nigeria holden at Abakaliki in charge No. HAB/6C/2012. The learned trial Judge found the Appellant and the others guilty as charged and convicted them to seven years imprisonment.

FACTS LEADING TO THE APPEAL

The Appellant UGO OVUOBA (m) was arraigned before the High Court of Ebonyi State holden at Abakaliki, with five others for the offence of Arson, contrary to Section 443 (a) of the Criminal Code Law, Cap 33. Vol. 1. Laws of Ebonyi State of Nigeria 2009.

They were alleged to have willfully and unlawfully set fire on the dwelling house of one Michael Onyibe on the 23rd of May 2011.

At the trial, the prosecution called four witnesses including P. C. Ojukwu PW4, who was the Investigating Police Officer.

The Prosecution also tendered five (5) Exhibits A, B, C, D, E; Id I-e were also …

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