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HAKEEM FATAI v. THE STATE

(2013) JELR 36109 (SC)

Supreme Court  •  SC.257/2011  •  8 Mar 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The appellant and one Dare Jimoh were arraigned before the High Court of Justice Ogun State sitting at Ijebu-Ode on a two-count-charge of conspiracy to commit murder and murder contrary to Sections 324 and 319 (1) of the Criminal Code Cap.20 Laws of Ogun State.

The facts of this case briefly are that on 27th day of October 2009, at Madasa Lane Ijebu-Ode, some persons attacked the house of one Kemi David (deceased). The said Kemi David was robbed, raped and slaughtered by the attackers with a knife and left her in the pool of her blood. It was when her siblings who have gone for a night vigil in a church came back that they raised alarm which attracted the neighbourhood vigilante group in the area who came out in search of the people that attacked Kemi David.

P.W.1, who was one of the vigilantees, stated that at the early hours of 28/10/2009; while in search of the attackers saw one Adebayo Odukoya inside …

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