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AJUFO
V.
STATE

(2013) JELR 36048 (CA)

Court of Appeal 1 Mar 2013 Nigeria
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Case Details

Suit Number:CA/L/772/2010
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:E. A. Oyebanji, Esq. with P. C. Anah, Esq.K. B. Daminabo (Mrs.) and M. A. Olarenwaju For Appellant Mrs. O. A. Akin-Adesomoju For Respondent

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant and three of her co-workers at a V-Mobile Outlet on Ogunlana Drive, Surulere, Lagos, were arraigned before the High Court of Lagos State, and charged with the attempted murder of Emmanuel Orjika. She pleaded not guilty to the Charge and in proof there-of, the Prosecution called 4 witnesses - the alleged victim, Emmanuel Orjika as PW1; his brother Cyril Orjika, as PW2; Police Sergeant Sikiru Abdullahi, as PW3, and Inspector Stephen Deri, as PW4.

At the close of the case for the Prosecution, the Appellant filed a "Notice to rely on a No-Case Submission"; the Grounds for the Application are that-

1. The Prosecution failed to prove the essential elements of the offence of attempted murder.

2. The evidence adduced by the Prosecution has been so discredited as a result of cross examination and is so manifestly unreliable that no reasonable Tribunal could safely convict on them.

Written addresses were duly filed and a…

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