Category: Criminal Cases

Criminal Cases

SUIT NO: HOW/9C/2022- THE STATE V ARDO SALE MUSA- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON THURSDAY THE 19TH DAY OF OCTOBER 2023- MURDER – NATURE OF THE OFFENSE- THE DEFENDANT WAS CHARGED WITH THE OFFENSE OF CONSPIRACY AND MURDER- BURDEN OF PROOF- THE THREE KEY ELEMENTS- PRINCIPLE OF PROOF BEYOND REASONABLE DOUBT-EYEWITNESS TESTIMONY-MOTIVE-WHILE MOTIVE IS NOT A STRICT REQUIREMENT FOR A CONVICTION, IT CAN BE RELEVANT AND ADMISSIBLE IN A CASE-INTENT- INTENT CAN BE PROVEN EITHER POSITIVELY, THROUGH A DIRECT DECLARATION OF INTENT BY THE ACCUSED, OR INFERENTIALLY, FROM THE ACCUSED’S CONDUCT AND SURROUNDING CIRCUMSTANCES-USE OF MEDICAL AND PHOTOGRAPHIC EVIDENCE- THE DEFENSE OF ALIBI- CONDUCT OF THE ACCUSED-VERDICT AND SENTENCING: THE DEFENDANT WAS FOUND GUILTY OF MURDER, AND THE MANDATORY SENTENCE OF DEATH BY HANGING WAS IMPOSED.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY THE 19TH DAY OF...
Criminal Cases

HAM/2CA/2021- HYCIENT ANYANWU Vs. COMMISSIONER OF POLICE- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA delivered ON FRIDAY THE 14TH DAY OF FEBRUARY 2023- Charge Under Section 125A and 351 of the Criminal Code Act- the elements of the offense under section 125A, which involves giving false information to a public officer with the intent to cause specific actions or consequences. The judge notes that a prosecution for an offense under this section requires the consent of a superior police officer or an administrative officer in certain cases- Section 351 of the Criminal Code Act – Unlawful Assault- Application of Section 202 of the Imo State Administration of Criminal Justice Law- High Court of Justice Imo State Practice Direction, 2022- Presumption of Regularity of Official Acts- Section 315 of the Imo State Administration of Criminal Justice Law, errors or omissions in the charge are not regarded as material unless the defendant was misled by such errors or omissions- Caution in Land Dispute Cases

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON FRIDAY THE 14TH DAY...
Criminal Cases

HOW/60C/2021 -THE STATE V Mfon Samuel Akpan & Esther Wilson-Aim and Purpose of Imo State Administration of Criminal Justice Law, 2020 and the High Court of Justice Imo State Practice Direction, 2022, -The Trafficking in Persons (Prohibits) Enforcement And Administration Act, 2015 – The buying and selling of babies is not inherently illegal but becomes illegal when done without proper authority or authorization.

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 27TH DAY OF JULY, 2023 BEFORE HIS LORDSHIP: -...
Criminal Cases

HAM/50C/2017- THE STATE VS 1. EMEKA EMMANUEL UFOMBA 2. IFEANYI CHRISTIAN- Delivered ON THE 29TH DAY OF MARCH 2021 By HON. JUSTICE I.M.NJAKA- Section 332 (1), 332 (g)of the Criminal Code cap 30, Vol. II Laws of Eastern Nigeria 1963 as applicable in Imo State- a defendant does not need the approval or permission of a police officer or the prosecution to call witness(s) – offence dependent on proof of intention- facts sufficient to justify coming to the conclusion that the intention existed- declaration as to his intent- circumstances under which the alleged harm occurred- Section 179 of the Criminal Procedure Law

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IN THE HIGH COURT OF IMO STATE IN THE MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON THE 29TH DAY OF MARCH 2021 BEFORE HIS LORDSHIP:...
Criminal Cases

HOW/57C/2016- THE STATE V OBIOMA EMEROLE- Delivered on 21-1-2021-by HON. JUSTICE I.M.NJAKA- Section 3 of Imo State Prohibition of Hostage Taking and Other Related Offences Law No. 4 of 2009- Admitted that the number of witnesses has nothing to do with prove of a case, it is profitable to call the witness(es) that are directly connected to the particular offence- confessional statement- exception to the general principle of law that the court can look at the document in the court file- proof of evidence-proof of evidence no matter how formidable and overwhelming, there is need for the prosecution to breath life-giving breath into its nostrils through the witnesses for it to come alive and begin to live in the records of the court-no matter how thorough an investigation is, if the victim somersaults and important witnesses turn hostile and do not cooperate with the Prosecution due to one reason or the other there is nothing much the court of law can do

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE  21ST DAY OF JANUARY 2021 BEFORE HIS LORDSHIP: -...
Criminal Cases

HOW/4CA/2018- RAYMOND IWUJI V COMMISSIONER OF POLICE- Appeal delivered ON THE 21ST DAY OF JANUARY, 2021-POINTS:- Plea -defective charge- waiver -where the defect affects the jurisdiction of the court. The question of signature goes to jurisdiction- the police officer to sign a charge -a legal practitioner to sign a process to give it validity- finding of fact not appealed against – nullity of an originating process does not mean loss of action- the processes can be started afresh – amendment of charge- difference between the charge and the charge sheet-The Hon. Attorney -powers to withdraw a charge sheet/charge -a fresh charge sheet-Authorization of Attorney General- consent of a superior police officer- fiat of the Attorney General of Imo State- Appeal against sentencing-

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF JANUARY, 2021 BEFORE HIS...
Criminal Cases

Armed Robbery- Ingredients of Armed Robbery- Failure to Tendered the Offensive Weapon-Failure to Prove the existence of the Robbed Item- Identification or Recognition of the Accused by the Victim-Delay in making a Report to the Police-Defence of Alibi -Failure to Produce the Extrajudicial Statement of the Accused/Witnesses-THE STATE VS IZUCHUKWU ONUOHA- Charge No: HAM/57C/2018 – delivered on 10-12-2019 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE TUESDAY 10TH DECEMBER, 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA. Charge...
Criminal Cases

Charge Sheet- Section 78 (b) of the Criminal Procedures Act -Proper signing- Failure of the Police Officer to indicate his name- Prolonged custody without trial- quashing of charge- discharge of the Accused- IBRAHIM ABBO Vs COMMISSIONER OF POLICE – delivered on 13th November 2019- by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI HIGH COURT 11 ON THE  13TH DAY OF NOVEMBER 2019  BEFORE...
Criminal Cases

when trial of an accused person had begun and after the accused had been called upon to make his defence that withdrawal of the charge by prosecution would operate as an acquittal-SUIT NO: HAM/57/2016 – THE STATE  Vs REGINALD IHEMERE- delivered by Hon Justice Innocent M. Njaka     

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON, WEDNESDAY 8TH FEBRUARY 2017. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. SUIT...
Criminal Cases

Section 284 of the Criminal Procedure Act- Complainant entering witness box to withdraw complaint-Prosecution withdrawing information- ATTORNEY GENERAL OF IMO STATE  VS. ANTHONY AKWUKWUEGBU, ANTONIA AKWUKWUEGBU -delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON, FRIDAY, 7TH DECEMBER 2016. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. HAM/...
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