MUSLIM FOLORUNSO V. THE STATE

EKO, J.S.C. (Delivering the Leading Judgment): The appellant was tried, and convicted on 15th January, 2010 for the murder of Perry Samuel. The lower court on 20th June, 2014 affirmed his conviction and sentence. Upon the dismissal of his appeal the appellant further appealed to this court. He is arguing the appeal on three issues, formulated from a total of 14 grounds of appeal.

The issues adopted by the parties herein for the determination of this appeal are -

i. Whether the doubt raised by the woefully insufficient evidence as to the death, time of death and cause of death of the said Perry Samuel ought not be resolved in favour of the appellant.

ii. Whether the defence of “lawful authority” and “accident” ought not to have availed the appellant on the strength of evidence disclosed?

iii. Whether “exhibits P3 and exhibit P2 (i-iii) and the testimonies of PW1-PW5 found by both courts below as corroborating each on the appellant’s guilt satisfied the standards for corroborating evidence?

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