MOHAMMED ADEKUNLE DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice C.E.T Ajama J. of Ondo State High Court sitting at Akure Judicial Division delivered on 25th July, 2012 in charge No; HKA/2C/2007.
The Appellant was charged with two others for the offence of conspiracy to commit murder and murder contrary to Sections 324 and 319 of the Criminal Code Cap 30 Vol. 11 Laws of Ondo State 1978.
The case of the prosecution against the Appellant was that on or about 21st January 2004, the Appellant conspired with 2 others and murdered one Sumaila Salami, known as Alhaji by removing his heart for money ritual.
The Appellant on his part denied doing same. In proof of its case, the prosecution called four (4) witnesses and tendered Exhibits.
While the accused Appellant testified in his defence and called no witness. It was the case of the prosecution that the deceased was a motorcyclist (Okada rider) on hire purchase on the 19th Janu…