SUNDAY EWEJE V. THE STATE
(2013) JELR 36053 (CA)
Court of Appeal
•
CA/AK/81C/2011
•
18 Apr 2013
•
Nigeria
Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA;
ALI ABUBAKAR B. GUMEL JCA;
CORDELIA IFEOMA JOMBO-OFO JCA;
Appearances
MR. C. E. OBIAGWU For Appellant
MRS. A. O. ADEYEMI - TUKI DPP, Ondo State Ministry of Justice For Respondent
Judgement
<p>ALI ABUBAKAR B. GUMEL, J.C.A.: This is an appeal against the judgment of the Ondo State High Court, Akure Division delivered in criminal charge No. A/C/1C/2003 on 4th May, 2006. By an information filed on 31/12/2002 on behalf of the Attorney General of Ondo State, the Appellant was charged along with 4 others on a one count charge of murder contrary to S.316(1) and punishable under S.319 of the Criminal Code Law Cap. 30, Volume II Laws of Ondo State, 1978,</p><p> The particulars of the offence read thus:-</p><p> Sunday Eweje (M), Asidatu Eweje (F), Olusegun Owolabi (M), Obara Busuyi (M), Isiaka Ajagbe (M) on or about the 3rd of February, 2001 at Igbara-Oke in the Akure Judicial Division Murdered one Sarafatu Olaniyan by cutting her throat with cutlass for "ritual".</p><p> To prove the charge against the Accused persons 6 witnesses testified for the prosecution. At end of the evidence led and adduced on behalf of the prosecution, learned counsel to the accused persons Mr. …</p>