Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45559 (CA)    

Court of Appeal  ·  CA/B/78/95 ·  23 Jan 1998 ·  Nigeria
Other Citations
Morka v. State (1998) 2 NWLR (Pt.537)
Morka v. State (1998) 2 NWLR (Pt. 537) 294
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
p.w.2 peter nwanuwere
trial p.w.1
house of p.w.2
police station
judgment of the delta state high court
accused persons
decision of the trial judge
house of a native doctor
unbelievable witness
review of the evidence
judgment of the learned trial judge
leading judgment
2nd accused
circumstantial evidence
reasonable doubt
guilt of the accused
prosecution witnesses
following issues
sufficient evidence
hold of p.w.1
proper evaluation of the evidence
exhibit p
learned trial judge ought
criminal trials
evidence of p.w.1
charge no. ag
investigating police officer
main question
1st accused
trial judge
due respect
initial report
defence of alibi
known members
number of grounds of appeal
decision of the court
above statement
part of their house

ROWLAND, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court holden at Asaba presided over by Ogbodu, J., in charge No. AG/5C/90. The appellants were charged with the offences of conspiracy and arson. In his judgment delivered on the 6th day of December, 1993, the appellants were convicted of the offences with which they were charged but they were cautioned and discharged.

The case for the prosecution was that on 27th April, 1988, the appellants and two others came into the house of one Monica Nwanu were armed with different weapons to attack her. They attempted to drag her to the house of a native doctor to answer for a charge of witchcraft.

As she was being assaulted, some of the attackers were damaging her properties.

One of her sons called Peter managed to rescue her and escaped with her to the Police Station to report.

When they came back to their house with some Policemen they found that a part of their house and all their…

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