HAKEEM FATAI V. THE STATE
(2013) JELR 36109 (SC)
Supreme Court
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SC.257/2011
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8 Mar 2013
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Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC;
NWALI SYLVESTER NGWUTA JSC;
OLUKAYODE ARIWOOLA JSC;
MUSA DATTIJO MUHAMMAD JSC;
Appearances
Adewunmi Ogunsanya, Esq. (with Mahmud Adesina, Esq.) For Appellant
Toyin Bashorun (Miss) For Respondent
Judgement
<p>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.</p><p> 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><p> 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 …</p>