OWOLABI KOLADE V. THE STATE

CLARA BATA OGUNBIYI, JSC (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Ibadan Division delivered on the 18th day of May, 2015 wherein the Court affirmed the conviction and sentence of the appellant to death by hanging. The High Court of Ogun State, Ilaro Division condemned the appellant herein for murder of his father Kolade Olaleye on 3/12/11. The appellant was arraigned on a one count charge of murder.

Being dissatisfied with the affirmation of the said conviction and Sentence by the lower Court the appellant has now appealed to this Court.

In the judgment appealed from, the facts show that the appellant, while his father slept, strangled him by holding him by the neck.

THE BRIEF STATEMENT OF THE FACTS

The facts of this case as testified by the prosecution witnesses at the trial Court are that on or about the 3rd day of December, 2011, the PW1 in this case was on his way to his father's (deceased) house when he saw the appellant (wh…