ASIMIYU ALARAPE & ORS V. STATE

IGUH, JSC (Delivering the Leading Judgment): The appellants, Asimiyu Olanrewaju Alarape, Adebayo Kehinde, Olorunwa Adubuleja and Aliu Rasaki were on the 31st day of October, 1996 jointly arraigned before the High Court of Justice, Ogun State, holden at Ijebu-Igbo, charged with the offence of murder contrary to section 316 and punishable under section 319(1) of the Criminal Code Law. Cap. 29, Vol. 11, Laws of Ogun State of Nigeria 1978.

The particulars of the offence charged are as follows:-

"Asimiyu Olanrewaju Alarape (m), Adebayo Kehinde (m), Olorunwa Adubuleja (m), Aliu Rasaki (m) on or about the 22nd day of September, 1993 at Oke Alafia Area of Ijebu-Igbo in the Ijebu-Igbo Judicial Division murdered one Safiriyu Oshineye."

Each of the accused persons pleaded not guilty to the charge and the prosecution called a total of 11 witnesses and tendered some exhibits at the trial. The accused persons testified on oath on their own behalf and jointly called one witness.

The substance of th…