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PAULINUS TOBBY (ALIAS UDO EBBY) V. THE STATE

(2001) JELR 44277 (SC)

Supreme Court  •  SC.41/2000  •  27 Apr 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was in 1983 arraigned before the Ikot Abasi Judicial Division of the High Court of then Cross River State, now Akwa Ibom State on an information. The charge against him was that on the 10th day of October, 1980, at Ufet Ikpor, Ikot Akpan Obong village in the Ikot Abasi Judicial Division, he murdered one Akin Dick Udo Udo (f) contrary to section 319 of the Criminal Code, Laws of the Cross River State. The case suffered delays. Even though the offence was committed on 10th October, 1980, the information was not filed until February, 1983 and he was arraigned before Nkereuwem, J., on 15-2-84 when his plea was taken.

Hearing commenced on 16-1-85 before Nkereuwem, J. Three witnesses testified for the prosecution between 16th January, 1985 and 27th March, 1985. It suffered four adjournments and on 21st November, 1985 fresh plea was taken before Akpabio, J., (as he then was). It is not apparent on the record why the case start…

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