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OMONIYI OLADIRAN v. THE STATE

(2014) JELR 40260 (CA)

Court of Appeal  •  CA/B/269C1/2010  •  24 Jan 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement
<p><strong>MOJEED ADEKUNLE OWOADE, JCA (Delivering the leading : ):</strong> This is an appeal against the judgment of W. A. Akintoroye, J delivered on 27/11/2008 in the Ondo Judicial Division of the High Court of Justice, Ondo State.</p><p> One Mustapha Tijani (as 1st accused) and the appellant (as co-accused) person were arraigned before an Ondo state High Court sitting at Ondo on a two-count charge of conspiracy to commit murder contrary to and punishable under section 516A of the Criminal Code Law, Cap. 30 vol. 11 Laws of Ondo State, 1978 and murder, contrary to Section 316 and punishable under Section 319 of the Criminal Code Law, Cap. 30 Vol. 11 Laws of Ondo State 1978.</p><p> The appellant was the 2nd accused at the trial while one Mustapha Tijani was the 1st accused at the trial. The case of the prosecution is that on the 9th day of February 2006 at about 6 pm, the deceased one Gbenga Ojo, while in company of a friend on their way to Sabo in Ondo, met one Friday. The deceased had a discussion with the sa…</p>

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