CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Appellant along with three other persons were charged before the Ekiti state High court sitting at Ikole-Ekiti on a three count charge, that is: conspiracy to commit the murder of one Mayowa Adeleye, murder of Mayowa Adeleye and the attempted murder of one Falade Ojo (pw2). The alleged incidents were said to have taken place on the 29th day of November, 1998.
On arraignment of the appellant with the other then three accused persons on the 11th day of July, 2001, the appellant pleaded "not guilty" with the other accused persons but before the trial commenced the then 1st accused, one Sunday Jegede was reported to have died in prison custody, the appellant herein then became the 1st accused before the trial Court.
The prosecution called six (6) witnesses while the appellant testified in his defence and called no witness.
The case for the prosecution was that the victim, Mayowa Adeleye, was sent by his mother (PW1) to the fa…