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TAMUNO
V.
COMMISSIONER OF POLICE

(2009) JELR 53282 (CA)

Court of Appeal 7 Dec 2009 Nigeria
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- The appellants were jointly tried and convicted at the Okrika Magistrate’s Court for conspiracy, malicious damage, and forcible entry under the Criminal Code, based largely on the testimonies of PW1 and PW2, who claimed to have witnessed

Case Details

Suit Number:CA/PH/274/2004
Judges:TIJJANI ABDULLAHI JCA EJEMBI EKO JCA
Counsel:M. S. Agwu Esq. - for the Appellants. -*- Respondent’s counsel absent.

GALADIMA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Rivers State PortHarcourt presided over by Hon. Justice S.O. Iragunima, delivered on 28 January 2003. The appellants were jointly charged and tried on three distinct charges at Okrika Magistrate’s Court by S. Amadi (as he then was).

In count (1) all the accused persons were charged with the offence of conspiracy punishable under section 517 of the Criminal Code, Laws of the Eastern Nigeria, 1963 (as amended by Rivers State Amendment Edict, No. 5 of 1974), and applicable to Rivers State.

(2) Malicious damage punishable under section 451 of the Criminal Code, Laws of Eastern Nigeria, 1963, as applicable to Rivers State.

(3) Forcible entry into a piece of land which is in actual and peaceful (sic) of Major (rtd) Festus Iyaye, punishable under section 8 of the Criminal Code, Laws of Eastern Nigeria as applicable to Rivers State.

On 19 April 1994, the bail was granted to each accused save t…

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