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SUNDAY UDOR v. THE STATE

(2014) JELR 36658 (SC)

Supreme Court  •  SC.158/2012  •  13 Jun 2014  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; JOHN AFOLABI FABIYI JSC; MARY UKAEGO PETER-ODILI JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

MAHMUD MOHAMMED, JSC(Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Ekiti Division delivered on 25th March, 2011, affirming the conviction and sentences passed on the Appellant and his co-accused persons for the offences of conspiracy, murder and attempted murder of one Mayowa Adeleye and attempted murder of one Falade Ojo by the High Court of Justice of Ekiti State sitting at Ikole.

The case of the prosecution was that on 29th November, 1998, the deceased Mayowa Adeleye was sent by his mother, PW1, to deliver food to his father, who worked as a guard at Fiyintolu Odundun Comprehensive High School, Oke-Ayedun-Ekiti and on coming back home, to bring three-leaves yams from their family farm. The Appellant who was a tenant in the house of PW1, was present when the deceased was being sent on the errand to his father and the farm of the family.

However, the deceased boy Mayowa Adeleye never returned home and as a result of that a search party …

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