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DARE ADELEYE v. THE STATE

(2014) JELR 36668 (CA)

Court of Appeal  •  CA/AK/30C/2012  •  10 Jun 2014  •  Nigeria

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

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): The appellant was charged on a one-count charge of murder contrary to Section 319 (1) of the Criminal Code, Cap 30, Laws of Ondo State, 1979 at the High Court of Ondo State, Holden at Oka Judicial Division, Akoko. The appellant was convicted and sentenced to death by hanging. He has appealed to this Court against the conviction and sentence.

The facts of the case as can be gathered from the evidence of the three witnesses called by the prosecution are as follows. The deceased Rotimi Oredusi was the son of Margaret Oredusi (PW1). On the date of the incident, Solomon Adeleye (PW2) brother of the appellant came to PW1's house and invited the deceased to the burial ceremony of his late brother in-law. Later that evening, the PW2 returned to PW1's house and told her that her son Rotimi Oredusi quarreled with the appellant and the appellant killed him.

The matter was reported to the Divisional Police Headquarters Akoko. The caseā€¦

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