JULIUS ABIRIFON OLABODE ABIRIFON V. THE STATE

AGUBE JCA (Delivering the Lead Judgment): This appeal is against the judgment of Honourable Justice O. F. Omoloye (then the Chief Judge of Ekiti State), sentencing the appellants who were standing trial for conspiracy and murder of the said Peter John, contrary to sections 324 and 319(1) of the Criminal Code Law, Cap. 30 Volume II, Laws of Ondo State, 1978 (as applicable to Ekiti State) to death. The offences were allegedly committed at Igbara Odo in Ekiti in Ikere Judicial Division of Ekiti State.

Appellants(then accused persons) had pleaded not guilty to the charge and the prosecution called five witnesses and tendered the statement of the accused persons, photographs and negatives of the corpse of the deceased victim of the offences and some material exhibits like dane guns and machetes, with which the fatal wounds were inflicted on the said victim. Accused persons on their part, also testified and called DW1 (their mother)in their defence.

At the close of the parties case, and t…