(1972) JELR 39081 (SC)    

Supreme Court  ·  SC.787/1971 ·  30 Mar 1972 ·  Nigeria
Other Citations
AYINDE & 7 ORS. v. THE STATE (1972) 3 S.C. (REPRINT) 142
GEORGE B.A. COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
8th august
main road
high court
egba farmers
2nd appellant
bale of sagbo
western state court of appeal
1st appellant
3rd appellant
4th p.w.
accused persons
gang of rioters
land dispute
1st p.w.
8th day of august
arrest of the appellants
bale of onikaninkanin village
case of joseph ogundipe
corpse of olubodun
course of the fight
course of time
criminal appeal reports
dead body
dead person
eye-witness account of the murder of olubodun
findings of the learned trial judge
following day
futile attempts
g. b. a. coker
made statements
members of his party
number of villagers
olubodun die
others of his colleagues
present case
principal points of complaint
principal witnesses
reliable evidence
scene of the fight
sufficient compelling circumstantial evidence
third man
trial judge
west african court of appeal

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellants were four of eight persons charged with the murder on the 8th August, 1968, at Igbokele of one Olubodun. They were tried by the High Court, Ibadan, (Craig, J.), convicted of the offence as charged and sentenced to death. The 1st appellant, Allen Kolawole, was the 2nd accused in the High Court. The 2nd appellant, Ezekiel Ipadeola, was the 8th accused in the High Court. The 3rd appellant, Salawu Alao, was the 6th accused in the High Court. The case against the accused persons was that on the 8th day of August, 1968, they were in the company or gang of rioters who were siding with the Bale of Sagbo in the land dispute between him and the Alado of Ado-Awaiye; that on the day named in the charge the rioters, including the appellants, were all armed with various types of lethal weapons such as cudgels, sticks, cutlasses, etc., that whilst one Olubodun (later deceased) and some of his colleagues siding with the Alado of…

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