OLUSANYA ONITILO V. THE STATE

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellant and one other were arraigned before the High Court of Ogun State sitting at Ijebu-Ode on the 5th day of April 2004 on a two-count charge of conspiracy and murder contrary to Sections 324 and 316 (1) of the Criminal Code Law Cap. 29 Vol. II Laws of Ogun State of Nigeria, 1978. They each pleaded not guilty to the charge. At the trial the prosecution called 8 witnesses while the accused persons testified in their own defence.

The prosecution's case was as follows; On the night of 5/10/2001, the deceased, a son-in-law to the appellant left home to attend a party at Oke-Eri Village, Ijebu-Ode in the company of a friend. When he failed to return home, his sister, PW1 reported to their father, who in turn made a report of a missing person at the Atan Police station. The case was referred to a team of investigators. Upon enquiry by PW1 and her father from the deceased's friend as to his whereabout…