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JAMES
V.
STATE OF LAGOS

(2021) JELR 109557 (CA)

Court of Appeal 8 Jan 2021 Nigeria
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- The appellant is appealing a judgment of guilty for defilement and a fifteen-year prison sentence. - The appeal is based on sixteen grounds, including jurisdiction, the age of the victim, sufficiency of evidence, and failure to tender med

Case Details

Suit Number:CA/LAG/CR/722/2020
Judges:Joseph Shagbaor Ikyegh, JCA Jamilu Yammama Tukur JCA Ebiowei Tobi, JCA
Counsel:UCHE V. OBI, SAN, with him, GABRIEL ONAJASON, ESQ. For the Appellant; ADETUTU OSHIMUSI, ESQ., (Deputy, Department of Public Prosecution, Lagos State Ministry of Justice) For the Respondent.

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): The judgment that culminated into this appeal is the judgment of Hon. Justice A.A. Akintoye (Mrs) of the Lagos Division of the High Court of Lagos State delivered in Charge No. LD/2405c/2016 – State of Lagos v. Onuoha James on 1/6/2020. The Appellant (then Defendant) was arraigned before the lower Court vide an information on a charge of defilement contrary to Section 137 of the Criminal Law of Lagos State 2011 whereupon he pleaded not guilty. The matter went on trial and after the addresses of counsel for the respective parties were adopted on 14/1/2020, the matter was adjourned to 25/3/2020 for judgment. The judgment was however delivered on 1/6/2020 due to the Covid-19 epidemic and lockdown in place which restricted movements. In the judgment of the lower Court found on pages 382 – 402 of the records (pages 1-21 of the judgment) particularly on page 401 of the record (page 20 of the judgment), the lower Court found the Appella…

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