KASTINA-ALU, J.S.C. (Delivering the Leading Judgment): At the Ibadan High Court the appellant was, along with Wahabi Adisa and Saka Adekunle, charged with the murder of one Abiodun Iyiola contrary to section 319(1) of the Criminal Code Cap. 30 Volume II, Laws of Oyo State, 1978.
On the second count, appellant, along with Wahabi Adisa, Saka Adekunle and Rasaki Layiwola, was charged with assault occasioning harm. The case was heard by Adekola, J. (as he then was) who on 27/1/92 in a reserved judgment found only the appellant guilty of murder on count 1 and sentenced him to death accordingly. On the second count Adekola, J. also found only the appellant guilty of lesser offence of ordinary assault contrary to and punishable under section 351 of the Criminal Code. The three other accused persons were acquitted and discharged on both counts.
The appellant's appeal to the Court of Appeal, Ibadan Division, was dismissed. This appeal is from the judgment of the Court of Appeal.
Against that j…