ADEREMI OMOTAYO V. THE STATE

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The appellant Aderemi Omotayo was arraigned as 2nd accused before Fagbe J. of the High Court of Ondo State sitting at Akure on the 29th day of July, 2003 along with two other co-accused persons, Feyisayo Olatise 1st accused and Fredrick Akintade 3rd accused on a two count charge of conspiracy and murder contrary to Sections 324 and 319 of the Criminal Code, Cap. 30 Volume II Laws of Ondo State of Nigeria, 1978 (now Cap 37 Volume 1 Revised Laws of Ondo State).

The prosecution's case is that the deceased, Joseph Olatunde was on the 20th day of September 1996 shot and killed in the sitting room of the 1st accused at his residence at Ubi Camp Idanre by the 1st accused who conspired with the appellant herein and the 3rd accused to carry out the unlawful act. It was alleged that the 1st accused had deposited two bags of Indian hemp in the farm of the deceased. The deceased found the bags in his farm and raised an alarm which …