GANIYU WAHAB V. THE STATE

OBASEKI-ADEJUMO, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court, per D.O. Oluwayem, J., delivered on 2 July 2007 wherein the appellant was convicted for murder contrary to section 319 of the Criminal Code Law of Lagos State, 2003 and sentenced to death by hanging.

A brief fact of the dispute leading to this appeal will suffice.

The appellant was charged on one count charge contained in the information, to wit:

Statement of offence

Murder, contrary to section 319 of the Criminal Code Law, Cap. C17, Vol. 11, Laws of Lagos State, 2003.

Particulars of offence

Ganiyu Wahab (M) on or about 23 January 2005 at Agboyi/Alapere in the Ikeja Judicial Division murdered one Kolawole Lateef Alaran by stabbing him with a broken bottle.

Appellant pleaded not guilty. The prosecution called three witnesses while the appellant testified for himself. Upon conclusion of trial, the appellant was found guilty and was convicted accordingly.

Being dissa…