DAVID OMOTOLA TIMOTHY BENSON AYODELE AYINDE AKEEM ADEBAYO ADEMOLA APANISILE V. THE STATE

AGUBE JCA (Delivering the Lead Judgment): This is an appeal against the conviction and sentence of the 1st-4th appellants to death and the 5th appellant to fourteen years imprisonment for that on or about 18 June 1999 at Ikoro-Ekiti within the Ijero Ekiti Judicial Division of Ekiti State, all the appellants conspired to murder one Chief Olajide Esan (the Chief Sakoro of Ikoro-Ekiti) contrary to sections 324 and 316(1) and punishable under section 319 of the Criminal Code Chapter 30, Vol. II, Laws of Ondo State, 1978 (as applicable to Ekiti State).

The five appellants as accused persons were arraigned along with eight others before E.O. Kowe J. of the High Court of Justice Ijero-Ekiti, on the two-count charge aforementioned and on 31 October 2001 when trial commenced, each of them pleaded not guilty to the charge and the prosecution called twenty-four witnesses, tendered several documentary exhibits (marked exhibits A-W) which included the statements of the accused persons, photograph…