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BONIFACE ENWEREMADU v. THE STATE (2018)

BONIFACE ENWEREMADU v. THE STATE

(2018)LCN/12426(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 22nd day of May, 2018

CA/PH/575C/2007

 

RATIO

 

Before Their Lordships

RAPHAEL CHIKWE AGBOJustice of The Court of Appeal of Nigeria

MASSOUD ABDULRAHMAN OREDOLAJustice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPEJustice of The Court of Appeal of Nigeria

Between

BONIFACE ENWEREMADUAppellant(s)

AND

THE STATERespondent(s)

 

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment):

I have already set out the facts in my earlier judgment today in CA/PH/576C/2007. In the light of that judgment, the conviction of the appellant cannot stand. The conviction of the appellant is hereby set aside. In its stead is entered a verdict of not guilty and an order of discharge and acquittal.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I have had the privilege of reading in advance, the lead judgment of my learned brother, Hon. Justice Raphael Chikwe Agbo, JCA. I agree therewith, that the conviction and sentence of the appellant cannot stand.

I abide by the consequential orders made in the said lead judgment of my learned brother, Agbo, JCA.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.

 

Appearances:

I.C. Ugorji with him, C.O Ozuzu (Miss) and A.C. Ebomuche (Miss)For Appellant(s)

Respondent served hearing notice on 5-2-18
For Respondent(s)