MUSTAPHA TIJANI V. THE STATE

MOJEED ADEKUNLE OWOADE, J.C.A.:(Delivering The Leading Judgment): This is an appeal against the judgment of W.A. Akintoroye, J. delivered on 27/11/2008 in the Ondo Judicial Division of the High Court of Justice, Ondo State. The appellant and his co-accused person (one Omoniyi Oladiran) were arraigned before an Ondo State High Court sitting at Ondo on a two count charge of conspiracy to commit murder contrary to and punishable under Section 516A of the Criminal Code Law, Cap.30 Vol. 11 Laws of Ondo State, 1978 and murder, contrary to Section 316 and Punishable under Section 319 of the Criminal Code Law, Cap. 30 Vol.11 Laws of Ondo State,1978.

The Appellant was the 1st accused person at the trial Court. The prosecution's case is that on the 9th day of February 2006 at about 6 p.m., the deceased, one Gbenga Ojo, while in company of a friend on their way to Sabo in Ondo, met one Friday. The deceased had a discussion with the said Friday. While the discussion was going on, the 2nd Accused …