MUDASIRU OYENIYI V. THE STATE

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Osun State High Court of Justice sitting at Osogbo Judicial Division delivered on 18th December, 2017 by Honourable Justice K. M. Akano in Suit No. HOS/5OC/2014, whereat the Appellant/Accused person was found guilty of murder and sentenced to death by hanging.

By an Amended Charge dated 8th December, 2016, the Appellant/Accused was charge with the offence of murder of one Wasiu Kareem contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap. 3 Laws of Osun State, 2002.

BRIEF BACKGROUND OF THE CASE

​The brief facts of the case are that on 30th day of July, 2013 at about 12.35am there was a misunderstanding between the Appellant and the deceased one Wasiu Kareem Oladimeji ‘M’ over megaphone belonging to the deceased that got missing in the room they both lived in. the disagreement was later settled, but the manner of settlement did not go down well with…