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CHIDOZIE
V.
C.O.P

(2018) JELR 39616 (SC)

Supreme Court 19 Jan 2018 Nigeria
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- The appellant was initially arraigned along with two others for criminal breach of trust, theft, criminal conspiracy, and criminal intimidation. - The appellant denied committing the offenses and was charged only for the offense of crimin

Case Details

Suit Number:SC.330/2012
Judges:OLABODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC CLARA BATA OGUNBIYI JSC AMIRU SANUSI JSC SIDI DAUDA BAGE JSC
Counsel:J. A. Akubo with him, Sani Tijjani For the Appellant; Ibrahim Sani Mohammed, SAN (Hon. A.G. Kogi State) with him, R.A. Alfa (DPP), H.E. Yusuf (DDPP), E.T. Adeyemi (Legal Officer), M.M. Tseja (Legal Officer) For the Respondent.

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The appellant was initially arraigned along with two others before the Chief Magistrate Court, Lokoja for offences of criminal breach of trust, theft, criminal conspiracy and criminal intimidation. Upon his arrest, appellant volunteered an extra judicial statement denying committing the offences contrary to Sections 97(1), 306, 287, 322 and 397 of Penal Code.

The appellant was the 1st accused in the case before the trial Court while the 2nd and 3rd accused persons were Hycent Ndive and Cyril Onah before the trial Court.

FACTS:-

The case of prosecution is that the PW1, Godwin Ojike and the appellant are members of the National Union of Mobile Marketers and Advertisers of Nigeria (NUMMAN). Owing to some disagreements, the PW1 pulled out of the Union. The appellant and the other members of the Union started threatening him and warned him to pack out of Lokoja town or he would be killed. In order to carry out their threats, t…

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