OKERE
V.
STATE

(2016) JELR 37192 (SC)

Supreme Court 22 Jan 2016 Nigeria
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Suit Number:SC.325/2012
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:Chinonye Obiagwu For Appellant E. L Alakiija (Mrs) D.P.P. I.agos, Justin Jacob P.S.S. and O.Omowunmi S.S.C. For Respondent

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, hereinafter referred to as the Court below, affirming the conviction and sentence of the appellant by the High Court of Lagos State, the trial Court, in charge No.LCD/56/2006. Whereas the trial Court's judgment was was delivered on 13th day of April 2010, the lower Court's judgment being appealed from to this Court on thirteen grounds was delivered on 25th June 2012. A brief summary of the facts leading to this appeal given at once below.

Respondent's case is that appellant conspired with one Nkenna Onyegbu, now deceased, to murder Chinwe Ofomata. Two witnesses gave evidence to prove the case against the appellant. PW1. Ubaka Onyegbu the brother of Chinwe killed on the 28 October 2004 and PW2 the investigating police officer from the Yaba police Station Criminal Investigation Department. The prosecution's case built on Exhibits A-A2 and B, appe…

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