MOMODU OLADELE & ORS V. THE STATE

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): On the 5th January, 1970, Momodu Oladele (1st accused), Jimoh Ajao Amoo, alias Olojukan (2nd accused), Jimoh Atanda Atufata (3rd accused), Salami Akanji alias Onimoto (5th accused), and Asifatu Ishola (6th accused), were convicted of murder contrary to Section 254 of the Criminal Code of the Western State of Nigeria and sentenced to death by Aguda, J., in the Ibadan High Court in Charge No. I/15C/69. Ezekiel Oyebanji (4th accused) having been found not guilty was acquitted and discharged. Earlier, the Larned trial Judge, at the close of the case for the prosecution, had ruled that no prima facie case had been made out against Jimoh Adisa (7th accused) and had discharged him pursuant to the provisions of Section 286 of the Criminal Procedure Ordinance.

With the exception of Salami Akanji, alias Onimoto (5th accused) whose appeal was allowed and whose conviction was thereupon set aside, the appeals of the others to the Wester…