INDYEL
V.
THE STATE

(2019) JELR 108805 (CA)

Court of Appeal · CA/PH/15CR/2016 · 23 May 2019 · Nigeria

CORAM

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Presided and Read the LeadingJudgment) MOHAMMED MUSTAPHA, J.C.A. ABUBAKAR MUAZU LAMIDO, J.C.A.

Core Terms ^Beta

appellant

persons

evidence

pw4

offence of conspiracy

lower court

trial court

hilux van

criminal law

learned trial judge

reasonable doubt

learned counsel

pw1

commercial bus

court of appeal

accused person

accused persons

bribe of n100.00

criminal charge

standard of proof

ballistic report

exhibit e

murder of the deceased persons

principal state counsel

act of the accused person

b-c

circumstances of the case

demand bribe

f1-f3

g1-g2

h1-h10

learned trial judge right

port harcourt division

said charge

shells of ammunition

unlawful act of the accused person

ak-47rifles

c-d

count charge of conspiracy

exhibits a

names of counsel

persons of conspiracy

pw1-pw

respective counsel

rivers state

sentence therefor

COURT OF APPEAL

(PORT HARCOURT DIVISION)

THURSDAY, 23RD MAY 2019

CRIMINAL LAW AND PROCEDURE - Conspiracy - Nature of -Proof of - What prosecution must establish.

CRIMINAL LAW AND PROCEDURE - Conspiracy - Where co-accused persons discharged and acquitted - Whether one accused person can be convicted thereof.

CRIMINAL LAW AND PROCEDURE - Crime - Standard of proof required - Section 135, Evidence Act, 2011.

CRIMINAL LAW AND PROCEDURE - Criminal charge - Where amended - Proper step for court - Need to take fresh plea of accused person thereto.

CRIMINAL LAW AND PROCEDURE - Offences - Conspiracy -Whether can be committed by one person.

Indyelv.State16August2021

CLEMENT INDYEL V. THE STATE COURT OF APPEAL

(PORT HARCOURT DIVISION) CA/PH/15CR/2016

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Presided and Read the Leading Judgment)

MOHAMMED MUSTAPHA, J.C.A.

ABUBAKAR MUAZU LAMIDO, J.C.A.

THURSDAY, 23RD MAY 2019

CRIMINAL LAW AND PROCEDURE - Conspiracy - Nature of -Proof of - What prosecution must establish.

CRIMINAL LAW…