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E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): The two Appellants herein were charged before the Shaki High Court in Oyo State with murder contrary to Section 254 (4) of the Criminal Code Cap.28 of the Laws of Western Region of Nigeria 1959 made applicable to Oyo State.
The particulars on the indictment were that on the 3rd day of September 1981 along Sapeteri/Igboho Road, in the Shaki Judicial Division they murdered one Mr. S.O. Ogundare, a Superintendent of Police. Altogether 10 witnesses testified for the State and at the close of the case for the prosecution the appellants' Counsel announced that the defendants would not give evidence on oath, but would rest their case on that of the prosecution.
At the conclusion of the whole case, the learned trial Judge (Adeniran, J.W in a reserved judgment considered the evidence before him and found the appellants guilty as charged. The appellants were dissatisfied with that judgment and appealed to the Court of Appeal on various grou…