Mr. Samson Edorer & Anor V. The State & Anor (2007)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA J.C.A.

The 2nd and 3rd accused/appellants who were 2nd and 3rd accused persons were charged along with another accused person, one Ufuoma Paul Eto who was 1st accused at the High Court of Justice Delta State sitting at Oleh with the following offences:

STATEMENT OF OFFENCE: COUNT 1

Conspiracy to murder punishable under Section 324 of the Criminal Code Cap 48 Vol. II Laws of Defunct Bendel State 1976 as applicable to Delta State.

PARTICULARS OF OFFENCE

“Ufuoma Paul Eto (m) Samson Edeoreh (m) and Akpoghene Edeno (m) on or about the 12th day of June 2000 at Oleh within Oleh Judicial division conspired with one another to commit murder.

STATEMENT OF OFFENCE: COUNT II

Murder punishable under Section 319 of the Criminal Code Cap 48 Vol. II Laws of the Defunct Bendel State 1976 applicable to Delta State.

PARTICULARS OF OFFENCE

“Ufuoma Paul Eto (m) Samson Edoreh (m) and Akpoghene Edeno (m) on or about the 12th day of June 2000 at Oleh within Oleh Judicial Division murdered one Julius Oforofuo (m)”

The case proceeded to trial during which the prosecution called six witnesses and closed its case, whereupon the Appellants made a no case submission pursuant to section 286 of the Criminal Procedure Act.

Arguments on the no case submission having been taken, the learned trial Judge in a considered ruling delivered on the 8th March 2005 overruled the no case submission and held that there is a prima facie case against the appellants. It is against this ruling on a no case submission that the aggrieved appellants by a Notice of Appeal dated the 22nd April 2005 and filed same day have appealed to this court. The Notice of Appeal which consists of three grounds of appeal is contained on pages 39 and 40 of the interlocutory Criminal Appeal record reproduced hereunder as follows:

IN THE COURT OF APPEAL

HOLDEN AT BENIN CITY