AYO ADEGBITE V. THE STATE

MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment): This is an appeal from the decision of D. I. Kolawole J. of the High Court of Ondo State sitting at Akure delivered on the 27th day of February 2013.

The Appellant was initially arraigned in court before his Lordship, Hon. Justice Odusola sometimes in February, 2011. The trial commenced and was closed, while the court adjourned for address. However, the address was stalled and the case was re-assigned to another judge to start de novo. The Appellant was consequently arraigned on the 10th day of October, 2012 before Honourable Justice D. I. Kolawole upon a one count charge of murder contrary to Section 319 of the Criminal Code Cap. Vol. 11 Laws of Ondo State of Nigeria, 1978.

The case of the prosecution is that the Appellant was the one who poured acid substance on one Afolabi Theophilus (deceased) at about 7p.m., along Ilu-Abo Ajegunle Road on the 7th November, 2009 which consequently led to his death on the 6th Decemb…