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OZANA UBIERHO V. THE STATE

(2003) JELR 55823 (CA)

Court of Appeal  •  CA/B/186/2000  •  18 Dec 2003  •  Nigeria

Coram
KUMAI BAYANG AKAAHS, JCA AMINA ADAMU AUGIE, JCA

Judgement

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Justice M. E. Akpiroroh, (as he then was) of the Warri High Court of Justice, delivered on the 4th day of October, 1995. The appellant and seven others were arraigned before that court (hereinafter called the lower court) on a charge of murder of one Miemie Uvwrah (F) out of the 8 accused persons, 4 of them died in custody and their names were subsequently removed and discharged. The appellant, Ozana Ubierho, then became the 4th accused person. The prosecution in its attempts to prove its case called four (4) witnesses and tendered eleven (11) exhibits. PW1 was the son of the deceased and was living in Warri at the time of the incident. He told the court that he learnt about disappearance of the deceased and how he conducted search for her without success, as a result of which he reported the case to the Police. He enquired from neighbours whether they saw anybody in his mother’s house o…

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