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BALOGUN
V.
STATE

(2018) JELR 40144 (SC)

Supreme Court 13 Apr 2018 Nigeria
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- The appellant and three co-accused, all members of the Odua Peoples Congress (OPC), were tried in the High Court of Oyo State for conspiracy to commit murder (Section 324, Criminal Code) and murder (Section 319, Criminal Code) of a police

Case Details

Suit Number:SC.651/2014
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Counsel:Mrs. Thelma Otaigbe-Oluleye For Appellant Mr. Kazeem A. Gbadamosi with him, Mrs. J. D Rufai and A.O Oladele For Respondent
Other Citations:(2018) 13 NWLR (Pt. 1636) 321, (2018) JELR 74652 (SC)

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein along with three other accused persons were arraigned before the High Court of Oyo State holden at Ogbomoso on a two counts charge of conspiracy to commit murder and murder under Sections 324 and 319 of the Criminal Code Cap. 30 Volume 11 Laws of Oyo State 1978. At the end of the trial that followed the Appellant and his co-accused persons were each found guilty of the two counts charge and were accordingly convicted and sentenced to ten years imprisonment for the first count and death by hanging on the second count.

Being aggrieved, the Appellant, who was the second accused at the trial Court appealed to the Court of Appeal, Ibadan (henceforth to be referred to as the lower Court). The appeal was heard, and in a unanimous judgment delivered on the 18th day of March, 2014 their Lordships, (Coram Uwa, Tsamani and Daniel-Kalio JJCA) dismissed the appeal. It is against the decision of the Court of Appeal th…

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