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BETTY STEPHEN V. THE STATE

(2025) JELR 113955 (SC)

Supreme Court  •  SC/1051C/2018  •  7 Mar 2025  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU, JSC EMMANUEL AKOMAYE AGIM, JSC HARUNA SIMON TSAMMANI, JSC HABEEB ADEWALE OLUMUYIWA ABIRU, JSC MOHAMMED BABA IDRIS, JSC

Appearances
O. T. Okeke, Esq. (Legal Aid Pro Bono Counsel) for the Appellant. S. M. Iteinno, Esq. (with the fiat of HAG of Edo State) for the Respondent.

Judgement

HARUNA SIMON TSAMMANI, JSC (Delivering the leading Judgment) : The Appellant herein, was one of three persons tried and convicted by the Edo State High Court sitting at Abudu, in a judgment delivered on the 14th day of July, 2016. The Appellant and the co-accused had been charged on a four (4) counts charge as follows:

COUNT I

Conspiracy punishable under section 516 of the Criminal Code, Cap.48, Vol.11, Laws of Bendel State of Nigeria 1976 now applicable to Edo State.

PARTICULARS OF OFFENCE

Betty Stephen (f), Johnson Ogbeide (M) and Nancy Aiwuyor (f) on or about the 24th day of February, 2009 at No.57, Erhiborhibo Village via Ehor in Uhunmwode in the Abudu Judicial Division did conspire with one another to commit felony, to wit: child stealing.

COUNT II

Conspiracy punishable under Section 324 of the Criminal Code Cap.48, Vol.II, Laws of Bendel State of Nigeria, 1978 now applicable to Edo State.

PARTICULARS OF OFFENCE

Betty Stephen (f), Johnson Ogbeide (m) and Nancy Aiwuyor (f) on or about…

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