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MOHAMMED, J.S.C.(Delivering the Leading Judgment): At the conclusion of the trial conducted by Olagunju J (as he then was), each of the appellants was convicted of the offence of culpable homicide punishable with death, contrary to section 221(a) of the Penal Code. The learned trial Judge thereafter sentenced each of the appellants to death.
Dissatisfied with the decision, the appellants appealed to the Court of Appeal. After reviewing the facts and the evidence and in a considered judgment, the Court of Appeal dismissed the appeal of each of the appellants.
The appellants have now come before this court appealing against the decision of the Court of Appeal in which it affirmed the conviction and sentence passed on each of them by the High Court.
The facts of the case are undisputed. A chieftaincy dispute over the succession to the stool of Bale of Oke-Oyi town led to the death of one Alhaji Issa Atanda. The Kwara State Government made two conflicting announcements on 28/9/93 and 29…