(2018) JELR 38751 (CA)    

Court of Appeal  ·  CA/B/192CD/2014 ·  19 Jul 2018 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr part
defence of alibi
learned counsel
reasonable doubt
learned trial judge
accused person
following cases
jonathan akpome
fwlr part
scene of crime
area commander
circumstantial evidence
duty of the prosecution
offence of conspiracy
shehu vs
trial judge
18th day of december
determination of the appeal
evidence act
lower court
8th accused
accused persons
appellant of murder
appellants brief of argument
guilt of the accused person
investigating police
learned trial judge right
offences of conspiracy
prosecutions failure
relation of the deceased
state vs
appellant set
balogun vs a.g. ogun state
case of the prosecution
dogo vs
facts of the case
gave evidence
judgment of delta state high court
judgment of delta state high court of justice
leading judgment
much inter-ethnic animosity
proof of its case
said respondents brief of argument
support of their case

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Delta State High Court of Justice, Orerokpe, delivered on the 18th day of December 2013 in Charge No HOR/3C/2012 Between THE STATE V. (1) JOHN JAFUWA (2) JOSIAH OMAYERUE (3) FESTUS EGITE (4) DAVID IRIRI (5) ALEX AKPALLALA (6) ANDERSON EMMANUEL (7) EDIRI IRIRI (8) CHIEF KINGS IRIRI. The Appellant was found guilty and convicted for the offences of conspiracy to commit murder and murder of one JONATHAN AKPOME and sentenced to five years imprisonment and death by hanging respectively.

Briefly, the facts of the case are that the Appellant who was the 8th accused at the lower Court was charged together with seven other persons for the offence of conspiracy to commit murder and murder.

In proof of its case, the prosecution called witnesses and tendered in evidence a total of twenty-one exhibits. The 3rd, 5th, 7th and 8th accused persons each gave evidence did not call any witness to testify…

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