OLATINWO NURUDEEN BRIGHT V. THE STATE

NWALI SYLVESTER NGWUTA, J.S.C (Delivering the Leading Judgment): The appellant and one Patrick Olufemi Kolawofe Ogedengbe were arraigned on a two-count charge before the criminal Division of the High court of Lagos state sitting at Ikeja. They were charged with conspiracy to commit murder contrary to S.324 of the criminal code Law and murder, contrary to S.319(1) of the Criminal Code Law cap 32 Laws of Lagos state 1994. The trial court found each of the appellant and his co-accused guilty as charged in each count and sentenced each to seven years imprisonment in count one and to death by hanging in Count Two.

The appeal to the court of Appeal, Lagos Division was dismissed and the judgment of the trial court was affirmed. The appellant further appealed to this court on six (6) grounds, hereunder reproduced, shorn of their particulars:

"GROUND 1: The learned Justices of the court of Appeal erred in law when they held at pages of the judgment as follows: 'The learned trial Judge took all…