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CHIEF KINGS IRIRI v. THE STATE

(2018) LPELR-45043(CA)

In The Court of Appeal of Nigeria

On Thursday, the 19th day of July, 2018

CA/B/192CD/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

CHIEF KINGS IRIRI - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the offences of Conspiracy and Murder.
FACTS:
This appeal emanated from the Judgment of 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 (8) CHIEF KINGS IRIRI. The Appellant was found guilty and convicted for the offences of conspiracy to commit murder and murder of one JONATHAN AKPOME and sentenced to five years imprisonment and death by hanging respectively.


Briefly, the facts of the case are that the Appellant who was the 8th accused at the High Court was charged together with seven other persons for the offence of conspiracy to commit murder and murder.


In proof of its 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 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 cases 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 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. Dissatisfied with the decision, the Appellant appealed against same to the Court of appeal.

ISSUES:
The Court of Appeal determined the appeal on the issues raised by the Appellant and couched as follows:

(1) Was the learned trial Judge right to convict the Appellant who (a) timeously set up the defence of Alibi which the investigating police did not investigate and;
(b) the trial Judge did not consider.

???(2) Was the learned trial Judge right in law in convicting Appellant of murder when the case was not proved beyond reasonable doubt?

DECISION/HELD:
On the whole, the Court of Appeal found merit in the appeal and accordingly allowed same. The decision of the High Court was set aside. The accused was therefore discharged and acquitted.


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