AYINDE & ORS.
V.
THE STATE
·
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…