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THE STATE
V.
AWARA

(2020) JELR 112955 (CA)

Court of Appeal 8 Jul 2020 Nigeria
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Case Details

Suit Number:CA/C/81C/2019
Judges:MOJEED ADEKUNLE OWOADE (PJ), JCA HAMMA AKAWU BARKA, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:Linus Mbey Esq. for the Appellant. Mba E. Ukweni (SAN) with G. O. Abbi Esq. for the Respondent.
Location:Calabar

HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The instant appeal emanated from the judgment of Hon. Justice Akon B. Ikpeme of the High Court of Justice, Cross River State in suit no. HK/42c/2009; The State vs. Okoi Inyang Ofem Okpebri & 2 Ors. delivered on the 16th of January, 2018, wherein the respondent was discharged and acquitted of the charge against him.

The brief facts germane to the instant appeal originated from a petition received from one A. A. Adams to the Commissioner of Police, Cross River State, dated the 27th of October, 2003, against one Pastor David Longe, Mr. Okoi Okpebri, Mr. Nsobiara Awara the present respondent, and Mr. Owan Michael for offences relating to conspiracy and forgery of land instruments. 

Two discordant facts were stated by the parties. The appellant as complainant, was a member of the Independence Baptist Church, and as such member was approached by one Pastor David Longe,  asking for permission to use his piece of land located at Anantigh…

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