OGUNBIYI JSC (Delivering the Lead Judgment): The appeal is against the judgment of the Court of Appeal, Benin Division delivered on 4 June 2010. The lower court dismissed the appellant’s appeal against his conviction and sentence by the Ondo State High Court sitting in Akure. The background briefly is that on 30 March 2004, the appellant and two other accused persons were arraigned before an Ondo State High Court sitting in Akure on a two count charge of conspiracy to commit murder and murder contrary to sections 324 and 316 of the Criminal
Code, Cap. 30, Vol. II, Laws of Ondo State, 1978, respectively. The accused each pleaded not guilty to the two counts charge. The case against the accused persons was that on or about 8 March 2011, the appellant together with one Segun Oluwole and one Adeoyo Idowu conspired to murder and murdered one Olanrewaju Disu (deceased). A In proof of the accused guilt, the prosecution called 7 witnesses while the 1st accused (now the appellant), and the 2n…