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MUKAILA SALAWU v. THE STATE

(2014) JELR 36234 (SC)

Supreme Court  •  SC.250/2012  •  19 Dec 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering The Leading Judgment): The appellant who was the 3rd accused was arraigned with three others before the Oyo State High Court, Ogbomoso Judicial Division in Charge No.HOG/3C/2004 for the offences of conspiracy to commit felony and murder of one Raji Tiamiyu, a traffic warden contrary to sections 324 and 319 of the Criminal Code Cap.30 Vol.II Laws of Oyo State 1978 (now Cap.38 Vol. II Laws of Oyo State 2000) respectively. They all pleaded not guilty to the charge. The prosecution in proof of its case called seven (7) witnesses and tendered exhibits which were marked Exhibits 1 - 158 while each of the four accused persons testified in his defence but called no other witness. At the end of the trial, the 1st, 2nd and 3rd accused were found guilty of the offences charged. Each of them was given 10 years imprisonment with hard labour on the count of conspiracy to murder and the three of them were sentenced to death for murder. The 4th accused was dis…

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