Rev. Philip Micah Dopah & Ors V. Registered Trustees Of The United Methodist Church Of Nigeria (Umcn) (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

This is an appeal against the judgment of the High Court of Lagos State, Corum- the Honourable Justice I. A. Oduneye, which was delivered on December 5, 2003 in Suit No. ID/28C/96.The Appellant and four other persons were formally arraigned before the lower court on February 5, 1998 upon a one court charge of murder, contrary to section 319 of the Criminal Code, Laws of Lagos State, 1994. The offence was alleged to have been committed since on February 1, 1995. That was the day the Appellant and the four other persons in question allegedly murdered one Daniel Obi at Ajegunle, in the Lagos Judicial Division.

The Appellant and co-accused persons were arrested soon after the murder was committed. Ironically, however, their trial did not commence until three years thereafter. That’s on February 5, 1998 when they were formally arraigned before the lower court. By the said judgment, the trial court convicted the Appellant (and four others) upon the one count charge of murder of one Daniel Obi, contrary to section 319 of the Criminal Code, Laws of Lagos State, 1994. The trial court accordingly passed a sentence of death by hanging upon the Appellant and the four co-accused persons thereof in question.

Being dissatisfied with the conviction and sentence passed there upon by the court below, the Appellant filed a notice of appeal pursuant to court order, duly granted on October 25, 2010. Finally,issues 1,2 and 4 was resolved in favour of the appellant and the appeal was thereby allowed by the learned justice. Consequently, the conviction and death sentence passed there upon the Appellant by the court below was hereby set aside and quashed. The Appellant was discharged and acquitted.

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Other Citation: (2012)LCN/5685(CA)

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