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OLUWATOSIN AKARAKIRI V. THE STATE

(2021) JELR 108828 (CA)

Court of Appeal  •  CA/EK/74C/2020  •  30 Jun 2021  •  Nigeria

Coram
HON. JUSTICE T. N. ORJI-ABADUA, PJCA HON. JUSTICE I. A. ANDENYANGTSO, JCA HON. JUSTICE B. B. ALIYU, JCA

Appearances
Patric Kasie Nwachukwu and Ugochinyere Ugwuoke (Miss) for the appellant; Julius Ajibare Esq. (D.P.P), K. S. Adeyemi Esq. (SLO), Omoyemi Olukemi, F. T. OlaOlorun for the respondent.

Judgement

IBRAHIM ALI ANDENYANGTSO, JCA (Delivering the leading judgment): This is an appeal against the judgment of the Ekiti State High Court of Justice sitting at Ado-Ekiti in a Charge No. HAD/116C/2017 presided over by Hon. Justice M.O. Abodunde, J. delivered on 7th April, 2020, convicting and sentencing the Appellant to death, in a two count charge of the offences of conspiracy and murder under Sections 516A and 316 of the Criminal Code, Cap. C16 Laws of Ekiti State, 2012, to be referred to as “the Code”

The information in which the Appellant (and 3 others) were arraigned before the High Court inter alia reads:-

“STATEMENT OF OFFENCE

CONSPIRACY, contrary to Section 516A of the Criminal Code Law, Cap. C16, Laws of Ekiti State of Nigeria, 2012.

PARTICULARS OF OFFENCE

RASHIDAT ABDUL, OLUWATOSIN AKARAKIRI, ABDULRASHEED MUTAIRU and IYORIOGBHILE EROMONIA, on or about 5th day of April, 2017 at Odo-Owa Ekiti within the jurisdiction of this court, conspired to commit felony to wit: Murder.

STATEMENT OF O…

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