SUNDAY UDOR V. THE STATE

UWA JCA (Delivering the Lead Judgment): This appeal is against the decision of the Ekiti State High Court sitting at Ikole Ekiti, delivered on 25 October 2006, by D.O. Jegede J. wherein the appellant with other three accused persons were found guilty of attempted murder and murder, sentenced to life imprisonment and death by hanging respectively. The appellant was charged before the trial court on a three count charge of:

i. Conspiracy

ii. Attempted murder; and

iii. Murder

The appellant pleaded not guilty. Before the trial commenced, the then 1st accused, Sunday Jegede was reported to have died in prison custody and his name was struck out. The appellant formerly 3rd accused thus became the 2nd accused at the trial. The prosecution called six (6) witnesses while the appellant testified in his defence and called no witness, he testified as DW2. The appellant’s statement to the police was admitted in evidence as exhibit ‘B’ in which he denied having any hand in the commission of the off…