MORKA & ORS
V.
THE STATE

(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

CORAM

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

p.w.1

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

evidence

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

p.w.2

record

investigating police officer

main question

1st accused

page

trial judge

due respect

initial report

defence of alibi

known members

number of grounds of appeal

persons

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…

MORKA & ORS V. THE STATE

MORKA & ORS
V.
THE STATE