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SAMUEL POSU v. THE STATE

(2017) JELR 38161 (CA)

Court of Appeal  •  CA/I/293C/2013  •  10 Mar 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of M. A. Dipeolu J. of Ogun State High Court sitting at Ilaro in Suit No. HCL/9C/10 delivered on the 30th day of May, 2013, wherein the Appellant was convicted of the offences of Conspiracy to commit Murder and Murder contrary to Sections 324 and 319 of the Criminal Code Law Vol. 1 Laws of Ogun State 2006.

The case of the prosecution briefly is that the deceased Abel Afolabi was the Chairman of Commercial Motorcycle Operators Association Alaari Branch, Idiroko while PW1 (Alani Oderinde) was the former Vice Chairman of the same association. The deceased and PW1 on 03/06/09 went to visit some members of the Association who were involved in an accident earlier in the day. They were both riding on PW1's motorcycle. On their way back, they met the Appellant (Samuel Posu), Olawale Ladipo and one Isaiah (now at large) at a point along Afuye Road. The Appellant, Olawale and others at large cha…

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