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(2021) JELR 109318 (CA)

Court of Appeal  •  CA/AK/213C/2020  •  2 Jun 2021  •  Nigeria

Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA James Gambo Abundaga, JCA


RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court delivered on the 28th of May, 2020. The Appellant was convicted and sentenced to death for the offence of murder of one Ayo Olaniyi.


On the 1st of March, 2016, the Appellant had accosted the deceased at his fishing pond, together with three other boys who had ran away. They had been tampering with his fish. As at the time he accosted the deceased, the deceased had a matchet cut inflicted on his head by one of the boys who had ran away. That the deceased had told him that one of the boys had mistakenly cut him on the head with a matchet.

The Appellant took the deceased home but his mother and other people had warned him to release the deceased to his own mother. The Appellant complied on the night of the 1st of March, 2016. The Appellant was arrested on the 2nd of March, 2016 and was charged to the Magistrate Court on the 3rd of March, 2016 f…

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