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SAMUEL ADDO v. THE STATE

(2016) JELR 37100 (CA)

Court of Appeal  •  CA/AK/146C/2013  •  7 Jan 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of Honourable Justice O. O. Akeredolu of the High Court of Ondo State sitting at Ondo on the 26th day of September, 2012.

The Appellant was arraigned on a lone count of murder contrary to Section 319 of the Criminal Code, Cap. 30. Vol. II, Laws of Ondo State of Nigeria 1978.

The Appellant pleaded not guilty. The prosecution's case was/is that one Pastor Ezekiel Ayoade and Adediwura Afolabi the deceased persons were on the 2nd November, 2009 killed by the Appellant at the Church where the first deceased pastored and held meetings on the 1st day of every month. The meeting used to hold at Oke Igbala Ondo (also known as Oke Pele, Ondo).

On the said date, the Appellant who is a member of the church was on the hill top church referred to as "Ori Oke Pele" to attend the monthly services but when he got there, he discovered that his things had been tampered with, he got infuriated and when he…

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