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LUKMAN ADEYEMI V. THE STATE

(2013) JELR 53195 (SC)

Supreme Court  •  SC. 486/2011  •  12 Apr 2013  •  Nigeria

Coram
WALTER S. N. ONNOGHEN JSC (Presided and Read the Lead Judgment) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC

Judgement

ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Ibadan delivered on 16 November 2011 allowing the appeal of appellant but ordering aretrial after declaring the trial a nullity due to the fact that the accused persons, including appellant did not plead to the charge before trial. It is the case of the prosecution that appellant together with two others conspired to murder and did murder one Maria Adeniyi on 15 July 2000. Appellant made a confessional statement which was tendered and admitted at the trial though appellant denied making it. The deceased was invited byappellant to work for them in their block making site as a labourer on 15 July 2000 but when the deceased failed to return home after close of work, her husband, PW1 organised a search party after reporting the matter to the police but the search yielded no positive result. The deceased was subsequently declared missing. The prosecution contends that app…

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