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ANKPEGHER
V.
STATE

(2018) JELR 39536 (SC)

Supreme Court 9 Mar 2018 Nigeria
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- The appellant was convicted by the High Court of Benue State for conspiracy to cause death and culpable homicide punishable with death (ss. 97 and 221, Penal Code) after he and a co-accused, instead of taking the deceased (suspected of th

Case Details

Suit Number:SC.529/2013
Judges:OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Counsel:M.A. Ebute, Esq. with him, B.E. Sheyin, Esq. For Appellant F.M. Ebofuame-Nezam (Mrs.) with her, P.C. Ogbonna, Esq. For Respondent
Other Citations:(2018) 11 NWLR (Pt. 1630) 249, (2018) JELR 78998 (SC)

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, sitting at Makurdi delivered on 9th July, 2013 wherein the Court below affirmed the conviction and sentence of the Appellant for the offence of conspiracy to cause death and culpable homicide punishable with death contrary to Section 97 and Section 221 of the Penal Code respectively.

The Appellant who was the first accused at the trial Court, being dissatisfied with the decision of the Court of Appeal has further appealed to this Court vide Notice of Appeal dated 2nd August 2013 and filed on 5th August 2013. The said Notice of Appeal contains five (5) grounds of Appeal. A brief facts giving birth to this appeal may be stated as follows:

The Appellant was charged together with one Moavega Igba who was the 2nd accused at the High Court of Justice, Markurdi, Benue State on a two count Charge of conspiracy to cause death and culpable homicide punishable with death cont…

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