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…

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