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THE STATE V. SUNDAY NWAIGENE

(2018) JELR 39487 (CA)

Court of Appeal  •  CA/E/5C/2017  •  31 Jan 2018  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA;

Appearances
STELLA OFORKANSI Esq., For Appellant G.A. OLUWATUASE Esq., For Respondent

Judgement
<p><strong>RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment):</strong> This is an appeal against the judgment of the High Court of Justice of Anambra State Holden at Ekwulobia delivered on the 5th day of December 2016.</p><p>The Appellant, Sunday Nwaigene was convicted of the offences of housebreaking contrary to Section 378 of the Criminal Code, Cap 36 Volume II, Revised Law of Anambra State of Nigeria 1991.</p><p>He was alleged to have on the 20th day of March 2014, at Ifite Oko Village Oko, in Aguata Judicial Division, and in company of others at large, unlawfully broke and entered the dwelling place of one Paul Ezegwu.</p><p>Furthermore, that on that same day, he had with others at large, at Ifite Oko Village Oko, unlawfully stole furniture and other household items of Paul Ezegwu, valued 500, 000.00 (Five hundred thousand naira).</p><p>The Appellant pleaded not guilty to the charges. Trial proceeded, the Appellant calling a total of Five (5) witnesses.</p><p>At the close of the case for the prosecution, the Respondent mad…</p>

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