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IZOUKWUMORE SABAYO v. THE STATE

(2018) JELR 38560 (CA)

Court of Appeal  •  CA/B/286C/2015  •  13 Jul 2018  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

MUDASHIRU NASIRU ONIYANGI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State, Udu Judicial Division holding at Otor-Udu in charge No. W/6C/2007 and delivered on the 27th day of July 2015. The Appellant was arraigned on a one count charge of murder of Bombe Akre at Igbemene Village Ogbe-Ijoh contrary to and punishable under S. 319 of the Criminal Code Cap. 48 Vol. 11, Laws of defunct Bendel State of Nigeria 1976 as applicable to Delta State.

The Appellant pleaded not guilty to the charge and hence the matter went into full trial. In the end, the learned trial Judge in his considered judgment found the Appellant guilty and sentenced him to death by hanging. (See pages 116 -117 of the Record of Appeal). Miffed by the outcome of the trial the Appellant filed his original Notice of Appeal on 13th August 2015. The said notice has Ten grounds. (See pages 118 124 of the Record of Appeal). By the order of this Court granted on the 22nd…

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