OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is a criminal appeal against the judgment of the Ondo State High Court, Akure Judicial Division holden at Akure, delivered on 18th July, 2005 by Oluwole Fagbe, J.
The brief background facts of this matter are that, the Appellant with two others were tried upon a two count charge of conspiracy to commit Murder and murder before the trial Court. They were alleged to have murdered one Olanrewaju Disu on or about the 8th March, 2001 at Akure in the Akure Judicial Division of Ondo State contrary to Section 316(1) punishable under Section 319 and for conspiracy to commit murder contrary to and punishable under Section 324, all of the Criminal Code, Cap. 30, Vol. II, Laws of Ondo State of Nigeria, 1978.
To establish its case which was hinged on circumstantial evidence, the prosecution called a total of seven witnesses. The case of the prosecution was that the deceased and the Appellant were friends for about six months prior …