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(2021) JELR 108837 (CA)    

Court of Appeal  ·  CA/IB/97C/2020 ·  9 Jun 2021 ·  Nigeria
Jimi Olukayode Bada JCA Ugochukwu Anthony Ogakwu JCA Folasade Ayodeji Ojo JCA

Ratio Decidendi

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant was one of three accused persons arraigned before the High Court of Ogun State on an Information preferring two counts of conspiracy to commit murder and murder. The Appellant was the 3rd accused person before the lower Court at the trial in CHARGE NO. HCL/11C/2009: THE STATE v. SUNDAY TOWAKENU and 2 ORS. At the end of the trial, the lower Court in its judgment convicted the accused persons as charged and sentenced them to seven years imprisonment with hard labour on the count of conspiracy to commit murder, and to death on the count of murder. The judgment of the lower Court was delivered on 18th January 2013.

​By an order of this Court made on 27th January 2020, the Appellant was granted extension of time to appeal against the judgment of the lower Court and was granted seven (7) days within which to file his Notice of Appeal. Pursuant to the said Order, the Appellant filed his Notice of Appeal on 30th …

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