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GODWIN MOSES UDO V. THE STATE

(2016) JELR 37129 (CA)

Court of Appeal  •  CA/C/153CB/2015  •  18 Feb 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of High Court of Akwa Ibom State, Ukanafun Judicial Division delivered by Hon Justice Ezekiel Ennang on the 31st July, 2015. The 3rd Accused/Appellant at the lower Court whilst the 1st Respondent was the complaint and 1st and 2nd and 4th Accused persons respectively. The 3rd Accused/Application to quash the information filed against him was refused and struck out, hence this appeal.

Upon the information on the charge being served on the Accused persons, 1st-4th Accused/Appellants Counsel filed an application by way of Motion on Notice on the 12th June, 2015 to quash the information or strike out the three information for failing to disclose a prima facie case of conspiracy, Murder and causing grievous harm against the Accused/Applicant for lack of evidence in the proof of evidence to connect the Accused/Appellant with the offence wherewith the 3rd Accused/Appellant was being charged.

The lowe…

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