AKPALLALA
V.
STATE

(2018) JELR 38748 (CA)

Court of Appeal · CA/B/192CA/2014 · 19 Jul 2018 · Nigeria

CORAM

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

page

prosecution

evidence

learned trial judge

learned counsel

nwlr part

persons

reasonable doubt

pw2

defence of alibi

following cases

jonathan akpome

pw3

8th accused

counsel

fwlr part

accused person

identification parade

circumstantial evidence

offence of conspiracy

prosecution witnesses

charge no. hor

evidence act

accused persons

appellants brief of argument

case of the prosecution

deceased person jonathan akpome

determination of this appeal

judgment of delta state high court

late jonathan akpome

lower court

5th accused

criminal case

evidence of eyewitnesses

facts of the case

gave evidence

humble view

identification evidence of pw1

involvement of an accused person

proof of the case

said respondents brief of argument

setting 1st

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Delta State High Court, Orerokpe delivered on the 18th day of December, 2013 in Charge No. HOR/3C/2012 Between: THE STATE V. (1) JOHN JAFUWA (2) JOSIAH OMAYERUE (3) FESTUS EGITIE (4) DAVID IRIRI (5) ALEX AKPALLALA (APPELLANT) (6) ANDERSON EMMANUEL (7) EDIRI IRIRI (8) CHIEF KINGS IRIRI.

The Appellant was found guilty and convicted for the offence of conspiracy to commit murder and murder of one JONATHAN AKPOME and sentenced to five years imprisonment and death by hanging respectively.

Briefly, the facts of the case are that the Appellant who was the 5th accused at the lower Court was charged together with seven (7) other persons for the offence of conspiracy to commit murder and murder.

In proof of the case, the prosecution called witnesses and tender in evidence a total of twenty-one Exhibits. The 3rd, 5th, 7th and 8th accused persons each gave evidence and did not call any witness to…

AKPALLALA V. STATE

AKPALLALA
V.
STATE