HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): The Appellant was charged along with one Kehinde Adisa in the Oyo State High Court, holden at Ibadan for the offence of conspiracy to murder.
They were said to have conspired to murder one Morufu Olaniyan and thereby committed an offence contrary to and punishable under Section 517 of the Criminal Code, Cap. 38 Vol. II, Laws of Oyo State of Nigeria, 2000. It should be pointed out that the said Kehinde Adisa was charged for the substantive offence of murder.
The case of the prosecution against the Appellant is that, on the 16th day of November, 2005, the Appellant and others including one Sunday Babalola, who are members of a Vigilante Group under the Chairmanship of one Alhaji Kolapo in the Isale Bode Area of Ibadan, Oyo State, went round the area to collect dues from residents. That when they came to the family house of Monsuru Olaniyan (deceased), a quarrel ensued between family members of the deceased and the Appellan…