WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at IBADAN in appeal No.CA/I/367/2009 delivered on the 6th day of November 2011 in which the Court allowed the appeal of appellant and set aside the decision of the trial court in charge No.HCT/9C/2002 in which the court convicted and sentenced appellant to death on a charge of murder.
The lower court however, ordered a retrial of the charge. Appellant is not satisfied with that decision hence the instant further appeal.
Appellant, together with others, was arraigned before the High Court of Ogun State, Holden at OTA on a two counts charge of conspiracy to commit murder and murder contrary to the provisions of sections 324 and 316 (3) and punishable under section 319(1) of the Criminal Code Law (Cap 29) Laws of Ogun State of Nigeria, 2006.
Appellant is alleged to have conspired with others on the 15th day of July, 2000 to murder and did murder one…