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NDEWENU POSU & ANOR v. THE STATE

(2011) JELR 33752 (SC)

Supreme Court  •  SC.134/2010  •  4 Feb 2011  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; SULEIMAN GALADIMA JSC; BODE RHOOES VIVOUR JSC;

Judgement

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Ibadan Court of Appeal delivered on 11th day of February, 2010 affirming both the conviction and sentence passed on the Appellants by the trial High Court of Ogun State, Ilaro Judicial Division.

The Appellants, as accused persons, on 15th day of October, 2008, were arraigned before the trial court on two counts charge of - conspiracy to commit a felony, to with Rape and Rape contrary to section 516 and 358 of the criminal Code Cap 29, Laws of Ogun State of Nigeria respectively.

After the two count charges were read and explained to the accused persons they pleaded not guilty. At the trial the prosecution called four witnesses and tendered five exhibits. At the close of prosecution's case, the Appellants gave evidence in their defence without more. Thereafter both the prosecution and the defence counsel addressed the trial court. In his well considered judgment the learned trial judge f…

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