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AKINLOLU OMOJOLA v. THE STATE

(2014) JELR 36446 (CA)

Court of Appeal  •  CA/AK/141C1/2011  •  7 Aug 2014  •  Nigeria

Coram
MOJEED A. OWOADE JCA; MOHAMMED A. DANJUMA JCA; JAMES S. ABIRIYI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice F. O. Aguda-Taiwo sitting at Ore Judicial Division of Ondo State High Court, delivered on the 5th of August, 2010 and contained in suit No HOR/14c/2005.

The accused herein the appellant and two other persons, Segun Akinsuwa and Ayo Omoduyilemi stood charged at the High Court on a two count charge of conspiracy to commit murder contrary to and punishable under sections 516 of the Criminal Code cap. 30, volume 11, Laws of Ondo state of Nigeria, 1978 and Murder contrary to and punishable under section 319(1) of the criminal code cap. 30, Vol. 11, Laws of Ondo State of Nigeria, 1978.

The appellant and the other two accused persons were arraigned before the Honourable trial Court on the 26th February, 2007. The appellant and the other two accused persons pleaded not guilty to the offences charged against them.

Almost at the close of the trial, the court was informed t…

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