CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal Ekiti division, delivered on 25th day of March, 2011, unanimously affirming the judgment of Ikole High Court, delivered on 25th October, 2006, which convicted and sentenced the appellant to death and life imprisonment for murder and attempted murder respectively.
The appellant was arraigned with three other accused persons (Sunday Jegede, Sunday Udor and Olanrewaju! Ayan) before the trial High Court on the 11th day of July, 2001 on a three-count information of conspiracy to murder, murder of one Moyowa Adeleye and the attempted murder of one Folade Ojo.
The appellant and his co-accused pleaded not guilty but before the commencement of hearing, one of them, by name Sunday Jegede (the then 1st accused) died and the appellant became the 1st accused throughout the trial.
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PROSECUTION CASE:- in the afternoon of 29th November, 1998, the deceased victim, Mayowa Adeleye was se…