KINGSLEY OMOREGIE V. THE STATE

AMIRU SANUSI, JSC (Delivering the Leading Judgment): This appeal is against the judgment of Court of Appeal, Ibadan division (the Lower Court) delivered on the 24th of April, 2008 which partially affirmed the judgment of the High Court of Ogun State (the trial Court) delivered on 7th March, 2005.

The appellant herein and his co-accused Shina Oketaologun were arraigned before the trial Court sitting at Ijebu-Ode (coram Ibikunle Adesalu J) on a two count charge of conspiracy to commit murder and murder contrary to Section 324 and Section 316(2) respectively punishable under Section 319(1) of the Criminal Code Law Cap 29 Laws of Ogun State of Nigeria. Both of them were accused killing one Chief Engineer Samuel Fatuga.

FACTS OF THE CASE

The case of the prosecution was that the appellant was an employee of the deceased as the latter's bus driver. He in company of the co-accused Shina Oketaologun together formed common agreement, left Ibadan for the deceased residence in Ijebu-Ode, Ogun State.…