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OBINNA IWUOHA v. THE STATE

(2019) LPELR-48797(CA)

In The Court of Appeal of Nigeria

On Friday, the 1st day of November, 2019

CA/B/475CA/2014


Before Their Lordships

CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria


Between

OBINNA IWUOHA - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
The appellant was the 3rd accused in Charge No. B/68C/2010 which was tried and determined by the High Court of Edo State, holden at Benin City. In its judgment, delivered on the 24th day of November, 2014 the appellant was convicted and sentenced to life imprisonment for the offence of kidnapping. 

This appeal is against the said decision. 

ISSUES:
The appeal was determined on the following issues:-

"1. Whether the prosecution has proved the case of kidnapping against the accused person beyond reasonable doubt.
2. Whether the extra judicial statement of the appellant Exhibit 'P2' was duly admitted in evidence as a confessional statement.
3. Whether the learned trial judge sufficiently complied with the provisions of Section 164 of the Criminal Procedure Act after the charge was amended.
4. Whether identification parade is a sine qua non in all criminal cases."


DECISION/HELD:
In the final analysis, the appeal was dismissed and the judgment of the trial Court, per Hon. Justice P.I. Imoedemhe was affirmed.


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