ACHIKE, JSC (Delivering the Lead Judgment): The appellant was arraigned before an Oyo High Court presided over by M. A. Owoade, J. on a two-count charge of conspiracy to commit murder and the murder of Chief Amuda Olorunkosebi, the late Ashipa of Oyo, on or about the 26th day of November, 1992, at Ijawaya village, contrary to and punishable under sections 516 and 319 of the Criminal Code, Cap. 30 Volume 11, Laws of Oyo State of Nigeria 1978.
The trial commenced on the 12th of February, 1998, wherein the prosecution fielded a total of 14 witnesses. The appellant, on his part, testified on oath and called his wife, DW1, as a witness. Both learned counsel for the appellant and the prosecution respectively addressed the court. The learned trial Judge thereafter delivered his judgment on the 18th of June, 1998, whereupon he discharged and acquitted the appellant on the second count charge of murder but convicted him on the first count charge of conspiracy to commit murder and sentenced to…