ISTIFANUS THOMAS, J.C.A (Delivering the leading judgment):- This is an appeal against the judgment of G. O. Shoremi (J) (as he then was) at High Court of Justice, Abeokuta, Ogun State delivered on 21st June, 2005, wherein the Appellant was convicted and sentenced to death on the offence of murder contrary to section 319(1) of the Criminal Code Law Cap 29, Laws of Ogun State, 1978.
The brief facts of the case is that on 11th April, 2003 at a restaurant popularly called Super Food Abeokuta, the Appellant and others amounting to between 50-60 members of Eiye Confraternity which is a banned Secret Society, attacked and killed the deceased named Olusegun Oyelaja, by heating him with broken bottle on his head. That the deceased and his blood brother were soaked in their blood at the scene at Super Food restaurant and they started to run going to Ita-Eko and the Appellant and his group followed the deceased and his brother. The deceased was found dead the following day. During the trial of t…