<p>FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Popoola, J. while sitting at the High Court of Justice, Ilaro, Ogun State of Nigeria on 26th June, 1997. The appellants were convicted and sentenced to death for the offences of conspiracy to murder and murder of Oladipupo Fasola by the learned trial judge.</p><p> On 29th October, 1996 the two appellants, then as accused persons, were arraigned along with two others to wit: Babajide Olufemi and Nojimu Sangosanya for the offences of conspiracy to murder contrary to section 516 and murder of Oladipupo Fasola contrary to section 319(1) of the Criminal Code Law, Cap.29, Vol. 11, Laws of Ogun State of Nigeria, 1978 respectively. The appellants, as well as the other two co-accused persons pleaded not guilty to the two counts.</p><p> The prosecution called five (5) witnesses to buttress their case. The evidence adduced by the prosecution witnesses appear very revealing and harrowing. I shall summarise sam…</p>