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TOBBY
V.
THE STATE

(2001) JELR 44277 (SC)

Supreme Court 27 Apr 2001 Nigeria
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Suit Number:SC.41/2000
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:A. Kayode, Esq., (with him, Mrs. M. Z. Gabdo). For Appellant not represented. For Respondent

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was in 1983 arraigned before the Ikot Abasi Judicial Division of the High Court of then Cross River State, now Akwa Ibom State on an information. The charge against him was that on the 10th day of October, 1980, at Ufet Ikpor, Ikot Akpan Obong village in the Ikot Abasi Judicial Division, he murdered one Akin Dick Udo Udo (f) contrary to section 319 of the Criminal Code, Laws of the Cross River State. The case suffered delays. Even though the offence was committed on 10th October, 1980, the information was not filed until February, 1983 and he was arraigned before Nkereuwem, J., on 15-2-84 when his plea was taken.

Hearing commenced on 16-1-85 before Nkereuwem, J. Three witnesses testified for the prosecution between 16th January, 1985 and 27th March, 1985. It suffered four adjournments and on 21st November, 1985 fresh plea was taken before Akpabio, J., (as he then was). It is not apparent on the record why the case start…

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