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EZEKIEL
V.
STATE

(2018) JELR 42339 (CA)

Court of Appeal 23 Feb 2018 Nigeria
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- This is an appeal against a judgment of the High Court of Abia State. - The appellant and another person were accused of killing someone. - The deceased and others had visited a village with police officers to effect an arrest, but the po

Case Details

Suit Number:CA/OW/54C/2014
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:A. C. OkoroaforEsq. with him, H. C. Akanwa Esq. For Appellant Respondent served but absent For Respondent

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Abia State (hereinafter referred to as the lower Court), delivered on the 1st day of July, 2013.

Brief facts of the case:

The accused person/appellant (hereinafter referred to as the appellant) together with one Iheukwumere Levi were accused of killing one Ndubuisi Umeonu on the 21st day of July, 2010. The deceased alongside one Ogbonna Ogwuru were alleged to have visited their village Ikwoyi Ibeku, Umuahia, Abia State, with some policemen to effect arrest. In the course of arresting one Ezekiel Agwu, his children Ikechukwu Ezekiel, Iheukwumere Levi and Chinaza Nnokwam were alleged to have obstructed the policemen from carrying out their lawful duty. Also, Chinaza Nnokam was alleged to have struggled with one of the police officers and in the course of the struggle, the said Chinaza was accidentally shot in the foot. As a result of the shot, some of the village …

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