JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal emanated from the judgment of the High Court of Justice of Lagos State (the Court below) challenging the conviction and sentence to death of the appellant for the offence of murder contrary to Section 316 of the Criminal Code Law of Lagos State 2003.
In summary, the case for the respondent was that the appellant, a security guard, with others held the deceased, a Mr. Olamilekan Hassan, that he was a thief upon which they tied up the deceased and shot him to death with a gun along Ikare/Balogun Kuku Street where the 1st accused, Anthony Boyewu, and the other watchmen who were employed by the Odua Peoples Congress (OPC) were at all the material times keeping security in the night of 19-02-04.
The appellant's case was that the deceased was a terror in the neighbourhood but that he was not responsible for his death, as he was at all material times a security guard employed by the Landlords Association of Odogbolu a…