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THE STATE v. ISAAC BOTOSAN

(2017) JELR 37293 (CA)

Court of Appeal  •  CA/B/478C/2013  •  29 Nov 2017  •  Nigeria

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

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State sitting in Asaba and delivered by S.A. Ehiwario J., on the 19th day of October, 2007 wherein the Respondent was discharged and acquitted of the counts of conspiracy and murder.

Briefly put, the facts of the case as presented by the Appellant is that on the 23/9/1998, one Mr. Samuel Metseagharun (now deceased) was accosted by a group of people including the Respondent in front of Kings Clinic (medical centre in Warri). Prior to the encounter, the Respondent with the said group of people were seen together with one Sandys Uvwoh in his room where he was on admission at the Kings clinic. One Wilson Eseyuwa (PW11) was with them on that fateful day. He was there when Sandys Uvwoh directed the other persons including the Respondent to go and look for the deceased and collect the keys to the Ugborodo Community Trust Office from him. The said Sandys Uvwoh,…

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