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(2018) LPELR-45042(CA)

In The Court of Appeal of Nigeria

On Thursday, the 19th day of July, 2018


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


EDIRI IRIRI - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on the Offences of Conspiracy to commit Murder and Murder.
This is an appeal against the Judgment of the Delta State High Court of Justice, 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 EGITE (4) DAVID IRIRI (5) ALEX AKPALLALA (6) ANDERSON EMMANUEL (7) EDIRI IRIRI i.e. (The Appellant) (8) CHIEF KINGS IRIRI.

The Appellant who was the 7th Accused at the lower Court was charged together with seven other persons for the offence of conspiracy to commit murder and murder. 

In proof of the case, the prosecution called witnesses and tendered in evidence a total of twenty-one 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 the prosecution filed and adopted their written addresses. 

At the conclusion of hearing, in a Judgment delivered on 18th day of December 2013, the 1st, 2nd, and 4th accused persons were convicted and sentenced to five years imprisonment for conspiracy to commit murder and death by hanging for the offence of murder.

Dissatisfied, the Appellant appealed to the Court of Appeal.

The Court adopted the following issues for the determination of the appeal:
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 appellant of murder when his case was not proved beyond reasonable doubt.

In the final analysis, the Court of Appeal in a unanimous decision allowed the appeal, set aside the decision of the lower Court, and discharged and acquitted the Appellant

Read Full Judgment