(2021) JELR 108926 (CA)    
Court of Appeal  ·  CA/C/155C/2020 ·  12 Nov 2021 ·  Nigeria
Mojeed Adekunle Owoade Justice of the Court of Appeal James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal
Core Terms Beta
defence of alibi
accused person
accused persons
learned trial judge
18th october
evidence of the appellant
evidence of the pw1
facts of the case
mr. akpan
set of evidence
written address
6th july
8th respondents
appellant’s right
application of the appellant
case of the appellant
cast doubt
close of trial
detailed reasons
evidence of an eye witness
evidence of the parties
exercise of its judicial discretion
extra evidence
extra-judicial statements
final written address
following day
high court
high court of akwa ibom state
ikono judicial division
initial notice of appeal
instant case none of the parties
james shehu abiriyi
leading judgment
mojeed adekunle owoade
mr. ekpenyong
sc page
tobi jsc
trial court
village head
village obotme

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 16th January, 2020 in the High Court of Akwa Ibom State in the Ikono Judicial Division sitting at Ndinya Ikot Imo. In the High Court (the Court below), the Appellant and other accused persons were tried for conspiracy to commit murder and murder contrary to Sections 331 and 326(1) of the Criminal Code.

The facts of the case are simple and short. According to the PW1 and PW2, the Appellant and the other accused persons forced themselves into the house of the deceased with matchets, axes, and guns. They started beating the PW1 and the deceased. They carried the PW1 and the deceased from the house of the deceased. Despite the alarm raised and the shouting by the PW1 and the deceased, nobody came to their assistance because of the shooting of guns by the Appellant and the other accused persons. PW1’s legs were tied. One of the accused put a tyre on fire they set using a motor veh…

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