ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the Lagos High Court Lagos delivered by O. A Williams J. on the 15th of January, 2010.
The appellant stood trial before the lower court on a single count charge dated 18th of January 2007 for murder contrary to Section 319 (1) of the Criminal Code Law Cap C17, vol. 2, Laws of Lagos State 2003;
"Particulars of offence;
Muslim Folorunsho (M) on or about the 2nd day of August 2005 along Marina Street, Lagos Island in Lagos judicial division did shoot with an AK47 Rifle and murdered one Perry Samuel"
Prosecution called 5 witnesses while the defence did not call any evidence but rested their case on the prosecution's case.
At the conclusion of trial, the lower court evaluated the evidence and found the accused guilty and sentenced him to death by hanging. The accused/appellant being dissatisfied with the judgment filed an amended notice of appeal which this court deemed as p…