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FEKOLOMOH
V.
STATE

(2017) JELR 38053 (CA)

Court of Appeal 12 May 2017 Nigeria
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- This is an appeal against a decision of the High Court of Abia State in a criminal trial. - The accused was charged with conspiracy, threat to life, and threat to life with intent to kidnap. - The trial judge acquitted the accused on the

Case Details

Suit Number:CA/OW/242C/2012
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:Uche S. Awa, Esq. with him, Y.A. Omenka, Esq. For Appellant P.U. Ogubunka, Esq. (Director, Civil Litigation, Ministry of Justice, Abia State) For Respondent

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Abia State sitting at Umuahia (hereinafter referred to as the lower Court) delivered on the 3rd day of November, 2011 by Hon. Justice K. O. Nwosu, J.

In the criminal trial which led to this appeal, the accused/appellant was arraigned before the lower Court, on a three count charge of conspiracy, threat to life and threat to life with intent to kidnap. The said three count charge/information goes thus:

1. STATEMENT OF OFFENCE: COUNT 1

CONSPIRACY, contrary to Section 516 A(a) of the Criminal Code Vol. II, Cap. 30, Laws of Eastern Nigeria 1963 as amended by Section 3(a) of the East Central State Amendment Edict No. 5 of 1071 as applicable in Abia State.

PARTICULARS OF OFFENCE

ANDREW KOYE FEKOLOMOH and others now at large on 15th day of October 2010 at Umuahia in Umuahia Judicial Division conspired amongst yourselves to commit felony to wit: THREAT TO LIFE WITH INTE…

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