ISMAILA LASISI V. THE STATE

MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, lbadan Division. The appellants were arraigned on a two count charge of conspiracy to commit-murder and murder contraryto sections 324 and 316(3) punishable under section 319(1) of the Criminal Code Law, Cap. 29, Laws of Ogun State of Nigeria, 1978. The prosecution, in order to prove its case called two (2) witnesses A and tendered five (5) exhibits. At the close of the prosecution case, appellants gave evidence in their defence. Thereafter, both the prosecution and the defence counsel addressed the court. In a considered judgment delivered by the trial judge, appellants were found guilty and convicted as charged on the counts and were sentenced to death by hanging. Hon. Justice Onafowokan, judge of the trial court holden at Ilaro delivered its judgment on 6 May 2009. Dissatisfied, the appellant appealed to the Court of Appeal. The Court of Appeal, now lower court hel…