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THE STATE v. THOMAS EREYITOMI

(2017) JELR 37292 (CA)

Court of Appeal  •  CA/B/473C/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 appeal is 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 on the two counts of conspiracy and murder. The Respondent herein was the 13th accused person at the trial in the lower Court.

The facts of the case as presented by the Appellant is that on the 23rd of September 1998, one Mr. Samuel Metseagharun (now deceased) was accosted by a group of people including the Respondent in front of Kings Clinic, Warri. The group of people which included the Respondent eventually dragged the deceased from his car and started beating him, and they were asking the deceased to go and open the Ugborodo Community Trust Office. The deceased was said to have eventually died later that day as a result of the said beating. This led to the arrest of many people including the Respondent.

The Respon…

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