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KAYODE ADEBIYI v. THE STATE

(2017) JELR 38121 (CA)

Court of Appeal  •  CA/L/815C/2013  •  17 Mar 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): Consequent upon the conviction and sentence of the appellant to death for the offence of murder contrary to Section 316 of the Criminal Code Law of Lagos State 2003 by High Court of Justice of Lagos State (the Court below) the appellant filed the present appeal.

Stated broadly, the appellant and the other accused charged with him and some of them that were at large were at all material times security employed by the Landlords Association of Balogun Kuku and Ikare Street as night guards covering the street where the deceased used to live. The appellant and the others were said to have caught the deceased in the night of 19-02-04 on the pretext, as alleged by the respondent, that he was a thief. They tied the deceased up before he was shot to death with a locally made gun.

The appellant's version was that in the night hours of 19-02-04 he heard gunshots at Odogbolu Street and after the gunshots ceased he went in search of t…

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