ALAGOA JCA (Delivering the Lead Judgment): This is an appealagainst the conviction and sentence of the appellants to death on a two count charge of conspiracy to commit murder and murder by an Ijebu-Ode High Court presided over by Osidipe J. in suit No. HCJ/8C/2000 delivered on 15 October 2003. The charge is as follows:
Count one
Statement of offence
Conspiracy to commit murder contrary to and punishable under section 324 of the Criminal Code, Cap. 29, Laws of Ogun State of Nigeria, 1978.
Particulars of offence
Dare Jimoh ‘m’, Akeem Fatai ‘m’ on or about 27 October 1999 at No. 4 Madasa Lane, off Odutola Street, Ijebu-Ode, in the Ijebu-Ode Judicial Division conspired together to commit the offence of murder contrary to section 324 of the Criminal Code, Cap. 29, Laws of Ogun State of Nigeria, 1978.
Count two
Statement of offence
Murder contrary to and punishable under section 319(1) of the Criminal Code, Cap. 29, Laws of Ogun State of Nigeria, 1978.
Particulars of offence
Dare Jimoh …