OLABODE ABIRIFON V. THE STATE

I. T. MUHAMMAD, JSC (Delivering the Leading Judgment): This appeal has same antecedent with its sister i.e. SC/103/2011. All the facts, the grounds of appeal and the issues for determination are the same. I am really in pains in giving this judgment separately because of the non-consolidation of the two appeals, though they were tried and convicted in a joint trial at both the trial court and the court below.

The simple facts are as follows:

The appellant herein, along with others: Sunday Abirifon and Mathew Olomi Abirifon were charged with conspiracy, and murder of one peter John, an indigene of former Bendel State. He was an annual labourer to Mr. Mathew Oloni Abirifon (father to the appellant). Mr. Mathew Oloni Abirifon owed Peter John (the deceased) an amount of money in the sum of thirty thousand Naira (₦30,000.00) being money due to the deceased as his annual dues for the year 2008. It was in a bid to avoid the payment of the money to Late Peter John that Mr. Mathew Oloni Abirif…