Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ENOBONG UDO
V.
THE STATE

(2020) JELR 80463 (CA)    
Court of Appeal  ·  CA/C/36C/2019 ·  29 Mar 2020 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE, JCA YARGATA BYENCHIT NIMPAR, JCA MUHAMMED LAWAL SHUAIBU, JCA

Ratio Decidendi

Core Terms Beta
appellant
evidence
appeal
respondent
trial court
force order
trial judge
offence of murder
record of appeal
team leader
2nd accused
eye witnesses
offence of conspiracy
pw1
police men
reasonable doubt
accused persons
cause of death
count charge of conspiracy
leader of the team
akwa ibom high court
amended notice of appeal
appellant’s brief
circumstance of the case
common purpose
consequences of his act
consideration of counsel
count charge of the conspiracy
division of the state police command
evidence of the appellant
evidence of the pw1
hon. justice ifiok e. ukana
judgment of the akwa ibom high court
leading judgment
learned trial court
leave of court
lone issue
notice of appeal
question of evaluation of evidence
respondent’s brief
reviewed facts
said act
said decision
second accused
second accused person
senior officer
totality of evidence
totality of the evidence

YARGATA BYENCHIT NIMPAR, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the Akwa Ibom High Court sitting in Uyo delivered on the 27th day of July, 2018, Coram: Hon. Justice Ifiok E. Ukana wherein the trial court found the Appellant guilty and sentenced him to 14 years’ imprisonment for the offence of Conspiracy to murder and death by hanging for the offence of murder. Dissatisfied with the said decision the Appellant filed a Notice of appeal on the 11thday of October, 2019 and thereafter with leave of court filed an amended Notice of Appeal on the 7th day of June, 2019 setting out 5 grounds of appeal.

Facts leading to this appeal are amenable to brevity and I shall summarize it hereafter. The Appellant amongst 3 others were arraigned before the Akwa Ibom High Court on a two count charge of conspiracy and murder. They were alleged to have killed a commercial motorcyclist while on patrol along Abak Road. Three Police men from the “C” Division of the Stat…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login