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(2021) JELR 109268 (CA)

Court of Appeal  •  CA/IB/116C/2018  •  13 Sep 2021  •  Nigeria

Onyekachi Aja Otisi, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA


ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was brought by the Appellant against the judgment of the High Court of Ogun State holding at Ijebu-Ode Judicial Division (the lower Court), Coram A.O. Asenuga, J., delivered on June 19th, 2017, in which the Appellant was convicted for the offence of murder contrary to Section 316 and punishable under Section 319(1) of the Criminal Code Law, Laws of Ogun State of Nigeria, 2006.

The facts leading to this appeal, as presented by the Respondent’s witnesses can be summarized in this manner: On 25/8/2012, a musician, Sefiu Alao, engaged for the Ilese day celebration, which took place at Muslim Primary School Field, Ilese-Ijebu, Ogun State, gave the youth of Ilese a gift of money through the deceased, Sakiru Enigbewo. Upon the Appellant’s demand for his share, the deceased handed over to him the sum of N2,000.00 in the presence of one Segun Adenuga, who testified as PW2. On the way to the home of the deceased, the Appe…

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