FRANCIS FEDODE TABAI,J.S.C (Delivering the Leading Judgment): The Respondent, Jimoh Salawu and one other person, Abolarinwa Ewedayo, were tried at the High court of Kogi state holding at Okene on a two count charge of conspiracy and culpable homicide. The learned trial judge was H. A. Olusiyi J. The prosecution called five witnesses and tendered a number of exhibits and closed its case on the 26th November, 2007 - The matter was then adjourned for defence.
On the 21st January, 2003 however, J.U. Barrah, learned counsel for the accused persons announced that they (accused persons) would not testify and that they were relying solely on the prosecution's case. He therefore asked for a date for address. On the orders of the court written addresses were submitted.
In the trial court's judgment on the 24th of June, 2008, the 2nd accused, Abolarinwa Ewedayo was discharged and acquitted. The accused/Respondent was however convicted and sentenced to death. He was not satisfied with his convict…