KAZEEM AYINDE V. THE STATE

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olakanmi J. of Oyo State High Court sitting at Ibadan in Charge No. I/67C/1999 delivered on the 20th day of June 2002 wherein the Appellant was sentenced to death on a charge of murder of one Ayuba Karimu contrary to Section 316 and punishable under Section 319 (1) of the Criminal Code Cap. 38 Volume II Laws of Oyo State 1978.

THE FACTS:

According to the prosecution, the deceased Ayuba Kareem was a night guard at some shops including that of PW3 Kehinde Ilori at an area called Oje Market in Ibadan. One Adesokan Akinade (PW1) when coming from his house in the early morning of 16/2/1998 met the deceased in a pool of his blood groaning in pain and when he asked him what happened to him, the deceased said: Kazeem Ayinde alias Pele is the person who killed me o. PW1 rushed to call one Dr. John Ugele (P.W2) who also rushed to the scene with his wife. P.W2 asked the deceased who matchete…