ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the Ondo State High Court, Akure Division delivered in criminal charge No. A/C/1C/2003 on 4th May, 2006. By an information filed on 31/12/2002 on behalf of the Attorney General of Ondo State, the Appellant was charged along with 4 others on a one count charge of murder contrary to S.316(1) and punishable under S.319 of the Criminal Code Law Cap. 30, Volume II Laws of Ondo State, 1978,
The particulars of the offence read thus:-
Sunday Eweje (M), Asidatu Eweje (F), Olusegun Owolabi (M), Obara Busuyi (M), Isiaka Ajagbe (M) on or about the 3rd of February, 2001 at Igbara-Oke in the Akure Judicial Division Murdered one Sarafatu Olaniyan by cutting her throat with cutlass for "ritual".
To prove the charge against the Accused persons 6 witnesses testified for the prosecution. At end of the evidence led and adduced on behalf of the prosecution, learned counsel to the accused persons Mr. …