SUNDAY MODUPE V. THE STATE

C. A. OPUTA, JSC (Delivering the Leading Judgment): This appeal came up for hearing on the 16th day of June, 1988. Both counsel for the Appellant and the Respondent relied on their respective Briefs and addressed the Court briefly in elaboration of the main issues canvassed in those Briefs.

The Court allowed the appeal on sentence and adjourned its reasons for judgment to today the 16th day of September 1988. Hereunder are my Reasons for Judgment.

The facts are not in dispute. The Appellant along with eight others were arraigned before the Ondo High Court on a charge of murder. They were alleged to have unlawfully killed one Dapo Awoboyokun contrary to Section 254(2) and punishable under Section 257(1) of the Criminal Code Law Cap 28 Laws of Western Nigeria 1959. After due trial, the Court of first instance on the 26th day of July 1985 convicted the Appellant and two others and sentenced them to death.

The Appellant appealed to the Court of Appeal, Benin Division, against his convicti…