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ADEKOLA MUSTAPHA v. THE STATE

(2016) JELR 37147 (CA)

Court of Appeal  •  CA/L/338/2009  •  1 Mar 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.: (Delivering the Leading Judgment) This appeal challenges the judgment of the Lagos State High Court sitting at Ikeja, Division and delivered by HON. JUSTICE J.O.K OYEWOLE on the 25th Day of January, 2005, wherein the Appellant and four other persons were convicted for the offences of conspiracy to commit murder and murder and sentenced to death by hanging.

The Appellant with four other accused persons were charged on two counts information for conspiracy and murder of one MRS JULIET IBADEN on or about the 26th day of October, 1999, contrary to Sections 516 and 319 respectively of the Criminal Code. Cap 32, Laws of Lagos State, 1994.

At the trial, the Appellant was the 4th accused person and the prosecution in proof of its case called 4 witnesses and tendered a number of exhibits including exhibits P1, P2, P3 P4 and P5. The Appellant in his defence gave evidence as DW5 and did not call any other witness.

?The Prosecution?s case was that on the 26-10-1999…

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