MARCEL V THE STATE

MARCEL V THE STATE


IN THE COURT OF APPEAL
IN THE CALABAR JUDICIAL DIVISION
HOLDEN AT CALABAR

ON MONDAY, 22ND JUNE, 2015


Appeal No: CA/A/146C/2014

CITATION:

Before Their Lordships:

CHIOMA EGONDU NWOSU-IHEME, JCA

ONYEKACHI AJA OTISI, JCA

PAUL OBI ELECHI, JCA


BETWEEN

IHEMEBIRI MARCEL
(APPELLANT)

AND

THE STATE
(RESPONDENT)


LEAD JUDGMENT DELIVERED BY NWOSU-IHEME, JCA


For the same reason given in Appeal No. 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.

OTISI, JCA

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.

ELECHI, JCA

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 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.

Appearances:

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

S. O. Esharefasa For Respondent(s)