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ENUMA
V.
STATE

(1996) JELR 79539 (CA)

Court of Appeal 29 Oct 1996 Nigeria
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Judges:JUSTIN THOMPSON AKPABIO. J.C.A. (Presided), SUNDAY AKINOLA AKINTAN. J.C.A. (Read the Leading Judgment), ATINUKE IGE, J.C.A.
Counsel:P.C.E. Dunkvvu. (with him. E.I. Adah-Ogbuta) - for the Appellant G.E. Okirihienyefa. Director of Public Prosecution. Delta State, prepared respondents brief but was absent at the hearing.
Other Citations:(1997) 1 NWLR (Pt. 479) 115

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal from the ruling delivered by Igbogidi, J. on 22/9/94 sitting at Agbor High Court in Delta State. The appellant was one of the four accused persons arraigned before the court on an information filed by the Director of Public Prosecutions of Delta State. The other 3 accused persons were Christopher Ndioma: Augustine Enuma; and John Okoh Agha. The appellant was the 2nd accused person while the 3 other afore-named persons were respectively 1st. 3rd and 4th accused persons. The charges against the 4 men were one count of conspiracy to commit a felony to wit: murder: and 3 counts of murder.

Shortly after the information was filed, the appellant filed a motion in which he prayed the court, inter alia, that the information be quashed on the grounds that:-

"(1) none of the six offences charged is disclosed by the statements of the witnesses and there has been no committal for trial for any one of the six offences…

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