ICHI
V.
STATE

(1996) JELR 79728 (CA)    
Court of Appeal  ·  28 Mar 1996 ·  Nigeria
 · 
Other Citations
Ichi v. State (1996) 9 NWLR (Pt. 470) 83
CORAM
ALOYSIUS IYORGYER KATSINA-ALU, J.C.A. (Presided and Read the Leading Judgment), OBINNAYA ANUNOBIOKEZIE, J.C.A., MORONKEJI OMOTAYO ONALAJA, J.C.A.
Core Terms Beta
appellants
learned trial judge
recommendation
sentence
court
accused persons
constitution of the federal republic of nigeria
charge no. a
fair hearing
prison authorities
purport of section
sentences
double sentence
abia state
end of the trial
interpretation section
katsina-alu
laws of eastern nigeria
particulars of the offence
1.the appellants
9th appellants
additional grounds of appeal
attempted murder case
authority of the learned trial judge
breach of fundamental right of double jeopardy
criminal code law cap
criminal procedure act
fifth edition
following recommendation
leading judgment
learned trial judge suo motu
leave of this court
lower court
main reason
narrow technical point
nigerian prisons service yard
offence of conspiracy
original grounds of appeal
preview of the lead judgment
purport of such recommendation
respective convictions
respect of both cases
said interpretation
said recommendation
said sentences
second issue
senior advocate
supreme court
territorial jurisdiction
view of the peculiar nature of this offence

KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): In charge No. A/ 32C/90, the accused persons 10 in number which included the five persons in Charge No. A/27C/90 were charged with the offence of conspiracy to murder contrary to S. 324 of the Criminal Code Law Cap.30 Laws of Eastern Nigeria, 1963. The particulars of the offence are that the accused persons between the month of April, 1990 and June 1990 at the Nigerian Prisons Service Yard, Aba in the Aba Judicial Division conspired amongst themselves to murder Chief Jerry Kalu. At the end of the trial, the accused persons were found guilty, convicted and each sentenced to 10 years I.H.L.

It is pertinent to mention that in Charge No. A/27C/90, the 5th, 6th, 7th, 8th and 9th appellants herein were charged with the offences of attempt to murder contrary to S. 320 of the Criminal Code Law, Cap. 30, Volume II, Laws of Eastern Nigeria, 1963 applicable in the then Imo State (now Abia State). The particulars of the offence were that on th…

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