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BETTY STEPHEN v. THE STATE

(2018) JELR 38424 (CA)

Court of Appeal  •  CA/B/52C/2017  •  2 Jul 2018  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice G.O. Imadegbelo of the High Court of Edo State, sitting at Abudu, in Suit No. HAB/2C/2011, delivered on the 14th Day of July 2016, wherein the lower Court convicted the Appellant and two other persons on a four count charge of conspiracy to commit child stealing, child stealing, conspiracy to commit murder and murder, punishable under Sections 516, 324,371 and 319 (1) of the Criminal Code Cap. 48 Vol.11 of the defunct Bendel State of Nigeria, 1976 now applicable to Edo State.

The brief facts of the case are as follows:

The Appellant who was the 1st accused and two other persons were charged with the offences of conspiracy to commit child stealing, child stealing, conspiracy to commit murder and murder. The prosecution in a bid to prove its case called five witnesses while each of the accused persons testified in his/her defence. The 2nd accused called two other witnesses.

PW…

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