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ALEX AKPALLALA v. THE STATE

(2018) LPELR-45041(CA)

In The Court of Appeal of Nigeria

On Thursday, the 19th day of July, 2018

CA/B/192CA/2014


Before Their Lordships

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria

PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria

MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria


Between

ALEX AKPALLALA - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Murder.
FACTS:
This appeal emanated from the Judgment of Delta State High Court, Orerokpe delivered on the 18th day of December, 2013 in Charge No. HOR/3C/2012 - Between: THE STATE VS (1) JOHN JAFUWA (2) JOSIAH OMAYERUE (3) FESTUS EGITIE (4) DAVID IRIRI (5) ALEX AKPALLALA (APPELLANT) (6) ANDERSON EMMANUEL (7) EDIRI IRIRI (8) CHIEF KINGS IRIRI.

The facts of the case are that the Appellant who was the 5th accused at the trial Court was charged together with seven (7) other persons for the offence of conspiracy to commit murder and murder. In proof of the case, the prosecution called witnesses and tendered Exhibits. The 3rd, 5th, 7th and 8th accused persons each gave evidence and did not call any witness to testify on their behalf. ???The 1st, 2nd, 4th and 6th accused persons did not enter their defence and did not call any witness in support of their case. They rested their case on the case of the prosecution. By consent, Counsel to the accused persons and prosecution filed and adopted their written addresses. At the conclusion of hearing, in a Judgment delivered on 18/12/2013, the 1st, 2nd and 4th accused persons were discharged and acquitted while the 3rd, 5th, 6th, 7th and 8th accused persons were convicted and sentenced to five years imprisonment for conspiracy to commit murder and death by hanging for the offence of murder.

The Appellant, who was dissatisfied with the Judgment brought appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the Appellant's issues as follows:
(1) Was the learned trial Judge right in law in disregarding and not upholding the defence of alibi when her Lordship herself held that:
(a) The alibi was timeously raised by the Appellant.
(b) The alibi was not investigated by the police.
(2) Was the learned trial Judge right in convicting the Appellant of murder when the case was not proved beyond reasonable doubt?

DECISION/HELD:
In the final analysis, the appeal succeeded and was allowed. Consequently, the Judgment of the trial Court was set aside as far as ALEX AKPALLALA (the Appellant) was concerned. In its place, the Appellant was discharged and acquitted.


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