HARUNA SIMON TSAMMANI, J.S.C. (Delivering the Lead Judgment): This appeal is against the Judgment of the Court of Appeal, Akure Division delivered on the 8th day of March, 2012 in Appeal No. CA/I/190c/2006 wherein the Court of Appeal set aside the Judgment convicting the Appellant of the offence of murder and sentenced them to death.
The Appellants were charged, tried and convicted of the offence of murder. The case against them was that they murdered one Gabriel Umukoro behind Obetu Saw Mill, Ilesa thereby committing the offence of murder punishable under Section 319(1) of the Criminal Code, Cap. 30 of Volume II, Laws of Oyo State of Nigeria as applicable in Osun State. At the trial, the prosecution called five witnesses and each of the accused persons testified in their own defence. At the close of evidence, respectively counsel filed and exchanged Written Addresses. Thus is a judgment delivered on the 6th day of April, 2006, the learned trial Judge convicted and sentenced each of th…