CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the court of Appeal Benin Division delivered on the 4th 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 30th 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 accuseds each pleaded not guilty to the two counts charge. The case against the accused persons was that on or about the 8th of March, 2001, the appellant together with one Segun Oluwole and one Adeoyo Idowu conspired to murder and murdered one Olanrewaju Disu (deceased).
In proof of the accuseds' guilt, the prosecution called 7 witnesses while the 1st accus…