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LEKAN OLATAYO v. THE STATE

(2016) JELR 37088 (CA)

Court of Appeal  •  CA/AK/284CA/2014  •  19 Feb 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment and orders of Honourable Justice R. A. Shiyanbola of the Osun State High Court sitting at Osogbo in Suit HOS/7c/2006 delivered on 13/1/2014.

The Appellant and one Suraju Olanrewaju were charged before the Osun State High Court in Suit HOS/7C/2006. The State V. Suraju Olanrewaju and ors for conspiracy, indecent assault and murder. He (Appellant), with one Fatai Ademola, Suraju Olanrewaju, Bilikisu Adeyemi (deceased) and Latifa were all sleeping in a room at Oke Abesu Street Osogbo.

On 1st June, 2005, the Appellant with Fatai Ademola and Suraju Olanrewaju at about 12 midnight made love with Bilikisu Adeyemi who died in the process.

In proving her case, the prosecution called three witnesses, who were policemen. The Appellant gave evidence in his own defence and called a witness who gave evidence of good character.

Trial commenced in the case on 19th day of June, 2008 and judgment of the …

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