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MAYOWA OMOLAYE V. THE STATE

(2017) JELR 37297 (CA)

Court of Appeal  •  CA/EK/32C/2015  •  29 Nov 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Ekiti State sitting at Ado Ekiti presided over by Hon Justice L.O. Ogunmoye on the 4th day of February, 2014 whereby the Appellant was convicted for the offence of murder of one Oluwabusuyi Tayo on or about the 30th day of May, 2009 at Igbo Oroke Farm along Ilawe Road, Igede Ekiti, the Appellant was sentenced to death by hanging.

Being dissatisfied with the with the judgment of the trial Court, the Appellant has appealed to this Honourable Court vide his notice of appeal and grounds of appeal filed on the 4th April 2014. The Appellant subsequently filed an amended notice and grounds of appeal on the 29th February, 2016 and later still a furtheramended notice and grounds of appeal.

ISSUES FOR DETERMINATION

The appellant has distilled the following issues for determination:

(i) Whether the learned trial judge was right in convicting the appellant for the offence of murder o…

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