ADEBAYO OJO V. THE STATE

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This appeal emanates from the judgment of the Court of Appeal of Ekiti division (the lower Court or Court below) delivered on the 5th day of December, 2012 which heard and affirmed the decision of the High Court of Justice Ekiti State (the trial Court). The trial Court's judgment was delivered on 18th May, 2005.

The facts giving rise to this appeal as shown by the record of appeal are simply that on 12th July,2003 the appellant attacked the PW1 in front of her shop with a matchet and inflicted some injuries on her left hand. According to the PW1, when the appellant tried to strike the second blow on her, the mask he was wearing on his face fell off and she was thereby able to see and recognise the appellant even though it was at night, but the moonshine was then very bright.

The PW1, the victim also testified that she knew him since both of them attend the same church i.e the Redeemed

Christian Church of God at Ogotun, Ekiti. She a…