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WASIU BABATUNDE MUDASIRU V. THE STATE

(2011) JELR 33887 (CA)

Court of Appeal  •  CA/I/85/ 2008  •  12 May 2011  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Oyo State High Court of Justice sitting in Ibadan in charge No. 1/18C/2004 delivered on the 29th of November 2006. The Appellant was charged with the offence of murder contrary to and punishable under section 319 subsection 1 of the Criminal Code Cap 30 Volume II Laws of Oyo State of Nigeria 1978.

The facts of the case are that the Appellant was the driver of the deceased and P.W3 was the gateman. On the morning of 17/6/2002, the Appellant took the deceased out in his car and they returned home in the afternoon. When the gateman (P.W3) was permitted by the deceased to go on break, the Appellant was asked to man the house-gate. On return of P.W3, he did not meet the Appellant at the gate. P.W3 then helped himself to the opening of the gate by putting his finger through the latch.

On entering, he saw the appellant emerging from the back of the house and the Appellant informed P.W3 that…

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