MUSTAPHA MOHAMMED & ANOR V. THE STATE

N. TOBI, J.S.C (Delivering the Leading Judgment): This is a murder appeal. The prosecution's case is that on 11th August, 1995, one Asimiyu Salawu told Oladipupo Fasola (the deceased) that the 1st appellant wanted to see him. The deceased left to see the 1st appellant. After a long time, the deceased did not return. PW1 went in search of him. He got to the house of the 1st appellant and asked for the whereabouts of the deceased. The 1st appellant denied seeing the deceased. A report of missing person was made to the Police.

The 1st appellant was arrested. After the arrest he took the police to a bush where the headless corpse of the deceased was unearthed from a shallow grave. The appellants were charged with conspiring to commit murder and murder of Oladipupo Fasola. The trial Judge convicted the appellants accordingly. Their appeal to the Court of Appeal was dismissed. They have come to this court.

Briefs were filed and exchanged. Appellants formulated the following issues for deter…