ALAGOA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of T. O. Awotoye J. of the High Court of Justice, Ilesha, Osun State of Nigeria in Charge No. HIL/12C/99, The State v. Ojo Adeyeye delivered on 26 July 2001 wherein the accused wastried, convicted and sentenced to death on a one count charge of murder contrary to section 319 of the Criminal Code, Cap. 30 Vol. II, Laws of Oyo State, 1978 as applicable in Osun State of Nigeria. The offence for which the accused was charged reads as follows: “Statement of offence Murder: Contrary to section 319 of the Criminal Code, Cap. 30 Vol. II, Laws of Oyo State of Nigeria, now applicable to Osun State.
Particulars of offence Ojo Adeyeye ‘M’ on or about 5 February 1997, at about 7.30 hours at Iwori Aba Odole village in the Ilesa Judicial Division, murdered one Babalola Ezekiel ‘M’.”
Upon the charge being read to the accused, he pleaded not guilty. The case proceeded to be heard with the prosecution calling seven wi…