CHINWE E. IYIZOBA J.C.A.(Delivering the Leading Judgment): The appellants, Kayode Dada and Adesina Bolaji were arraigned before Ogunniyi J. of Ilesa Judicial Division of the Osun State High Court on a one count charge of the murder of one Gabriel Umukoro behind Obetu Saw Mill, Ilesa, an offence punishable under Section 319(1) of the Criminal Code Cap. 30 Volume II Laws of Oyo State of Nigeria, 1978 as applicable in Osun State.
The facts of the case briefly are as follows: - The 1st appellant was a staff of Nigerian Prisons Ilesa. He had a girlfriend named Joy Omosaye. Joy was also a girlfriend to the deceased Gabriel Umukoro. The 2nd appellant and one Gbenga who absconded were at the time of the offence inmates at the Ilesa prison. Part of the duties of the 1st appellant was to go with these two inmates to collect vegetables for cooking meals for the prisoners. On one of such trips, on the 4th of June 1996, the appellants and Gbenga lured the deceased from Joy's house where he had com…