OCHE MATTHEW V. THE STATE

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State, Owo Judicial Division, presided over by Honourable Justice A. O. Adebusoye, delivered on 28th September, 2009 in which the Appellant was convicted of the offence of murder and sentenced to death.

The Appellant was on 10th April 2008 arraigned before the High Court of Ondo State, Owo Judicial Division upon a one count charge of murder contrary to Section 316 and punishable under Section 319 of the Criminal Code cap 30 Vol. 11 Laws of Ondo State of Nigeria, 1978. The case of the prosecution is that on 8th December, 2004 following an alarm discovered to be false raised by one corporal Macaulay Inomiesa, Sergeant Eze John led a team of four mobile policemen including the Appellant to Obayanju Hotel in Owo on information that armed robbers were camped there. At the scene, one Akeem Akinwunmi (the deceased) was arrested and shot dead by the Appellant. It …