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CHIEF NDAEYO ITAKETO UMANA & ANOR V. THE STATE

(2018) JELR 39211 (CA)

Court of Appeal  •  CA/C/132C(B)/2016  •  12 Jan 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Appearances
Uwemedimo Nwoko, Esq. (Attorney-General of Akwa Ibom State)with him, Asuquo Nyongessien, Esq. (Senior State Counsel) for Cross- Appellant For Appellant NTA A. NTA, Esq. for Cross- Respondents For Respondent

Judgement
<p>IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The notice of cross-appeal to the main appeal [CA/C/132C(A)/2016] was filed on 28/3/2017 by Nyongessien Asuquo, Esq., a Senior State Counsel in the chambers of the Attorney General of Akwa Ibom State, the Respondent in the main appeal. The notice of cross appeal is predicated upon two grounds:</p><p>GROUND 1</p><p>The sentence of the learned trial Judge, on the 1st accused/appellant is unreasonable and cannot be supported having regard to the law,</p><p>PARTICULARS OF ERROR</p><p>1. The learned trial judge in his judgment found and held that the prosecution has proved the charge of Murder against the accused/appellants beyond reasonable doubt.</p><p>2. The learned trial judge found 1st accused/appellant guilty of Murder.</p><p>3. The learned trial judge sentenced the 1st accused/appellant to 5 years imprisonment with an option of N50,000.00 [fifty thousand naira] fine in lieu of imprisonment.</p><p>GROUND II</p><p>The learned trial judge erred in law when he sentenced…</p>

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