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OCHONG
V.
STATE

(2020) JELR 110347 (CA)

Court of Appeal 8 Jun 2020 Nigeria
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- This is an appeal against a judgment convicting and sentencing the appellant to death for murder. - The appellant was charged with the murder of Pius Winte. - The appellant raised four issues for determination in the appeal. - The first i

Case Details

Suit Number:CA/EK/88C/2018
Judges:Theresa Ngolika Orji-Abadua JCA Fatima Omoro Akinbami JCA Paul Obi Elechi JCA
Counsel:Obafemi Adewale Esq. with Ezekiel, Agunbiade Adeyemi Adewumi, Stephen Ademuagun, Rashidat Ajise O.R. Ishiekwene, J.S. Obonna, H.A. Okogbue, B.E. Ajayi For the Appellant Julius Ajibare Esq. (DPP) with Ibironke Odetola (PLO), Oluwaseun Oluwasanmi (SLO) and Kunle Adeyemo SLO For the Respondent

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti State High Court, Ikere-Ekiti Judicial Division, delivered on the 14th day of June, 2016 by His Lordship Hon. Justice A.A. Adeleye convicting and sentencing the Appellant to death by hanging for the Murder of Pius Winte.

The Brief fact of this case was that the appellant herein, was arraigned before the Trial Court and charged with the murder of one Pius Winte on the 16th day of August, 2003 contrary to Section 316 and punishable under Section 319 (1) of the Nigeria, 1978 of the Criminal Code Law Cap 30 Vol. 11 Laws of Ondo State of Nigeria 1978, as applicable to Ekiti State.

STATEMENT OF OFFENCE

Murder contrary to Section 316 and punishable under Section 319(1) of the Criminal Code Law Cap 30 Vol. 11 Laws of Ondo State of Nigeria 1978, as applicable in Ekiti State.

PARTICULARS OF OFFENCE

Michael Ochong on or about 16th of August, 2003 at Oloro Camp Ikere-Ekiti in the Ikere Judici…

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