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OMOZE
V.
STATE

(2016) JELR 51576 (CA)

Court of Appeal 7 Jun 2016 Nigeria
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- The appellant, Joel Omoze, was convicted at the Delta State High Court, Effurun, of defilement (contrary to section 218 of the Criminal Code Cap. C.21, Laws of Delta State) and indecent assault, based on accusations by three minor girls (

Case Details

Suit Number:CA/B/519C/2014
Judges:JIMI OLUKAYODE BADA JCA HAMMAAKAWU BARKA JCA UGOCHUKWU ANTHONY OGAKWU JCA
Counsel:Ayo Asala Esq, (with him, John Smart Esq., and Eyitayo Olorunfemi) for the Appellant; C. O. Agbagwu Esq., Assistant Director, Public Prosecution, Delta State for the Respondent.

BARKA JCA (Delivering the Lead Judgment): On 4 November 2014, the Hon. Justice Roli D. Harriman (Mrs) presiding at the Delta State High Court of Justice, Effurun, in suit No. EHC/58C/2013, The State v. Joel Omoze, conclusively held:

“In view of my findings above, I find that the prosecution has proved the offence of defilement and indecent assault against the accused. He is sentenced to 5 years in prison for the offence of defilement and 2 years for indecent assault, both sentences to run concurrently.”

The appellant felt dissatisfied with his conviction and sentence by the trial court and approached this court, vide a notice of appeal filed on 10 December 2014, predicated uponeight grounds of appeal. The notice and grounds of appeal are contained at pages 88-92 of the records of appeal. The facts relevant to this appeal gleaned from the records shows that the appellant on 10 December 2013, was arraigned on a three count charge of unlawful carnal knowledge of one Destiny Ogbe (F), …

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