(2018) JELR 40144 (SC)    

Supreme Court  ·  SC.651/2014 ·  13 Apr 2018 ·  Nigeria
Other Citations
Balogun v. State (2018) 13 NWLR (Pt. 1636) 321
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
Core Terms Beta
lower court
raji tiamiyu
trial court
oath of secrecy
traffic warden
26th november
extra-judicial statement
reasonable doubt
briefs of argument
conviction of the appellant
members of odua peoples congress
record of this appeal
accused person
accused persons
appellant of conspiracy
appellant take part
available evidence
chief michael abayomi bisade alliyu
confessional statement of his accomplices
contradictory evidence of prosecution witnesses
counts charge of conspiracy
court of appeal
credible evidence
criminal cases
criminal code cap
criminal offence
decision of the court of appeal
detailed reasons
different times
end of the trial
evidence act
fatal blow
following offences
high court of oyo state
iguh jsc
inadmissible confessional statements
killing of raji tiamiyu
leading judgment
learned counsel
learned trial judge
mr. kazeem a. gbadamosi
offences of murder
paul adamu galinje
simple reason
such evidence
unanimous judgment
wrongful act

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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