RAPHAEL CHIKWE AGBO, JCA (Delivering the Leading Judgment): The appellant is facing a charge of murder contrary to the provisions of S.319(1) of the Criminal Code Cap 32 Laws of Lagos State 1994 at the Lagos State High Court information was filed in the High Court in 2001 and plea was taken before the present trial judge on 19th September, 2002. On 8th February, 2005, unable to accept the tardiness of the prosecution, the Trial court compulsorily closed the case for the prosecution. The defence commenced its case thereafter and closed its case on 18th March, 2005. Parties thereafter addressed the court and judgment fixed for 30th September, 2005. On 21st June, 2005 the prosecution filed an application at the trial court brought pursuant to S.200 of the Criminal Procedure Law of Lagos State seeking the leave of that court to call two witnesses listed in the proof of evidence before the final judgment. Affidavits were exchanged by the parties and the application rigorously argued. In a …
OMODARA
V.
THE STATE
(2008) JELR 46883 (CA)
Court of Appeal 18 Jul 2008 Nigeria
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Case Details
Suit Number:CA/L/656/2005
Judges:CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
RAPHAEL CH1KWE AGBO Justice of The Court of Appeal of Nigeria
ADZIRA DANA MSHELIA Justice of The Court of Appeal of Nigeria
Counsel:A, AWOLMOLO (MRS) with her A. ESAN and O. OJO For Appellant
Respondent absent but served. For Respondent
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