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IHEMEBIRI MARCEL v. THE STATE (2015)

IHEMEBIRI MARCEL v. THE STATE

(2015)LCN/7916(CA)

In The Court of Appeal of Nigeria

On Monday, the 22nd day of June, 2015

CA/A/146C/2014

 

JUSTICES

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

ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria

PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria

Between

IHEMEBIRI MARCEL Appellant(s)

AND

THE STATE Respondent(s)

CHIOMA NWOSU-IHEME,J.C.A. (Delivering the Leading Judgment):
For the same reason given in AppealNo. CA/C/144c/14 where I referred to the judgement of this Court in Appeal No. CA/C/149c/2014. I dismiss the preliminary objection and affirm the Ruling of Hon. Justice Andrew E. Okon (Rtd) delivered on 28th March, 2013 in charge No.HU/1c/2011.
I also order accelerated hearing in charge No. HU/1c/2011.

ONYEKACHI AJA OTISI, J.C.A.:
My learned Brother, C.E. Nwoso-Iheme (Ph.D), JCA, made available to me a copy of the Judgment just delivered in draft form, dismissing this appeal. As already noted by my learned Brother, the issues raised in this appeal were completely resolved in CA/C/119C/2014: Uaboi G. Agbebaku v. State, delivered by this Court on May 14, 2014. I stand by the said decision therein and have nothing further to add.

PAUL OBI ELECHI, J.C.A.:
I have had the privilege of reading in draft the Judgment just delivered by my Learned brother Chioma Nwosu-Iheme (Ph.D), JCA in this matter. I agree with the reasoning and

1

conclusion arrived therein and I also dismiss the Preliminary Objection and hereby affirm the Ruling of the Learned trial Judge.

I hereby abide by the order for accelerated hearing.

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Appearances:

Joe Agi (SAN) with him, L. Garick, E. Onah, E, Sani, W. Iwara and Miss K, UzoukwuFor Appellant(s)

S. O. EsharefasaFor Respondent(s)

 

Appearances

Joe Agi (SAN) with him, L. Garick, E. Onah, E, Sani, W. Iwara and Miss K, UzoukwuFor Appellant

 

AND

S. O. EsharefasaFor Respondent