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MOHAMMED, J.S.C. (Delivering the Leading Judgment): On 21st November, 1982, there was an affray at Atewolara Garage, Mushin, during which members of the National Union of Road Transport Workers Association (NURTWAN), and the Road Transport Employers Association (RTEAN) fought each other. During the skirmishes, one Sesan Idowu Moses was murdered. Many arrests were made, and at the end of investigations, nine members of NURTWAN were charged with the murder of Sesan Idowu Moses.
Before the trial opened, the charges against 2nd, 5th and 6th accused were dropped and 1st accused escaped from custody while awaiting trial. The prosecution led evidence against the remaining five accused persons, namely, Mufu Folorunsho as 3rd accused, Bashiru Awofe, 4th, Abiodun Ogunleye, 7th, Fatai Adele, 8th and Mufu Jimoh as 9th accused person. At the conclusion of the trial, the learned trial Judge discharged the 7th accused and convicted the 3rd, 4th, 8th and 9th accused persons.
On appeal to the Court o…