(2021) JELR 108945 (CA)    
Court of Appeal  ·  CA/C/156C/2020 ·  12 Nov 2021 ·  Nigeria
Mojeed Adekunle Owoade Justice of the Court of Appeal James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 16th January, 2020 in the High Court of Akwa Ibom State in the Ikono Judicial Division sitting at Ndinya Ikot Imo. In the High Court (the Court below), the Appellant and other accused persons were tried for conspiracy to murder and murder contrary to Sections 331 and 326(1) of the Criminal Code.

The facts of the case are simple and short. According to the PW1 and PW2, the Appellant and the other accused persons forced themselves into the house of the deceased with matchets, axes, and guns. They started beating the PW1 and the deceased. They carried the PW1 and the deceased from the house of the deceased. Despite the alarm raised and the shouting by the PW1 and the deceased, nobody came to their assistance because of the shooting of guns by the Appellant and the other accused persons. PW1’s legs were tied. One of the accused put a tyre on fire they set using a motor vehicle ty…

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