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(2021) JELR 109277 (CA)

Court of Appeal  •  CA/A/84C3/2017  •  17 Sep 2021  •  Nigeria

Ali Abubakar Babandi Gumel, JCA Mohammed Danjuma, JCA Yusuf Alhaji Bashir, JCA


YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): The Appellant was the 18th Accused person charged before the High Court of Kogi State holden at Idda before Hon. Justice E. Haruna on 5 heads count of charges namely:-

(1) Conspiracy under S. 97 of the Penal Code.

(2) Mischief by fire punishable under Section 337 of the Penal Code.

(3) Threat to cause injury to persons with intent to cause harm, grievous hurt and death.

(4) Voluntary causing of hurt by means of gun, axes, matchet and other dangerous weapons, punishable under Section 248(2) of the Penal Code.

(5) Culpable homicide punishable with death.

The fact of this case is that on the 8th day of November, 2011 at Omabo village, Ibaji Local Government Area Kogi State, the Appellant and several others conspired together went on rampage, invaded and attacked Chief James Onyekwe in the early hours of the day in his residence. They set several houses ablaze, shot and killed Chief James Onyekwe and 6 other members of his family wo…

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