WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Ibadan delivered on the 16th day of November, 2011 allowing the appeal of appellant but ordering a retrial after declaring the trial a nullity due to the fact that the accused persons, including appellant, did not plead to the charge before trial.
It is the case of the prosecution that appellant together with two others conspired to murder and did murder one Maria Adeniyi on the 15th day of July, 2000. Appellant made a confessional statement which was tendered and admitted at the trial though appellant denied making it. The deceased was invited by appellant to work for them in their block making site as a labourer on 15th July, 2000 but when the deceased failed to return home after close of work her husband, PW1 organised a search party, after reporting the matter to the police but the search yielded no positive result.
The deceased was subseque…