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RALPH UWAZURUIKE & ORS V. THE ATTORNEY-GENERAL OF THE FEDERATION

(2013) JELR 35940 (SC)

Supreme Court  •  SC.207/2008  •  19 Apr 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC JOHN AFOLABI FABIYI JSC BODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC KUMAI BAYANG AKAAHS JSC

Appearances
F. Keyamo, O. Otemu, J. A. Inetor For the Appellant; Chief (Mrs.) V.O. Awomolo, W. Balogun, E. Nwaeze, A. Odeyemi, Miss., A.M. Amissine For the Respondent.

Judgement
<p><strong>BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment):</strong> On the 8th day of November, 2005 the appellants&#x27; as accused persons were arraigned before a Federal High Court, Abuja, and charged on four counts which read as follows:</p><p> Count 1</p><p> That you Ralph Uwazurike (M) 45 years old, Chibuike Nwosu (M) 23 years old, Benedict Alakwen (M) 45 years old, Chimankpa Okorocha (M) 19 years old, Kelechi Ubabuike (M) 27 years old, Ambrose Anyaso (M) 46 years old and Augustine Ihuoma (M) all of MASSOB Headquarters, Okwe, Onu-Imo Local Government Area of Imo State on diverse dates (between January 2004 and October 2005) at Owerri Imo State and other places in Nigeria within the jurisdiction of the Federal High Court with intent to levy war, overawe and overthrow the legitimate Government of Nigeria did conspire among yourselves to commit felony to wit: treason against the President of the Federal Republic of Nigeria and you thereby committed an offence contrary to section 37(2) of the Criminal Code …</p>

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