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THE STATE V. FATAI AZEEZ & ORS.

(2008) JELR 47068 (SC)

Supreme Court  •  SC.123/2005  •  18 Apr 2008  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC;

Judgement

I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): At the Kwara State High Court of Justice (trial court), holden at Ilorin, 3 different charges were with the leave of the trial court, preferred against each of the 6 respondents herein, as accused persons. The 6 accused persons were tried jointly. Hereinbelow are the charges:

"Charge No. 1:

That you (1) Fatai Azeez Adesoye

(2) Ganiyu Lasisi

(3) Kareem Shittu

(4) Rasheed Adesoye

(5) Issa Kalam Adesoye

(6) Noah Adepoju on or about the 1st day of April, 2003, at Lamodi Land along Adeleke Area of Offa in Offa Local Government Area of Kwara agreed to do an illegal act to wit shot dead one Raufu Balogun with locally made pistol and severely injuring Mukaila Abdulsalam Balogun and Rasheed Salam Balogun with gun shots and same act was done in pursuance of an agreement and you thereby committed an offence punishable under Section 97(1) of the Penal Code.

Charge 2:

That you (1) Fatai Azeez Adesoye

(2) Ganiyu Lasisi

(3) Kareem Shittu

(…

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