MODUPE FASANMI J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Ogun State High Court of Justice, Ijebu-Ode Division in charge no. HCJ/IC/2004 delivered on the 16th of March 2005 wherein the Appellant was convicted for the offence of murder contrary to Section 316 (1) and punishable under Section 319(1) of the Criminal Code Law Cap 29 Laws of Ogun State of Nigeria 1978.
The Appellant was arraigned before an Ijebu-Ode High Court together with the 2nd accused person - Lucky Rapido on 5th day of April, 2004 on one count charge of the murder of Abiodun Oloti on or about the 28th day of November 2002 contrary to Section 316 (1) and (2) and punishable under section 319(1) of the criminal code Law cap 29, Laws of Ogun state of Nigeria 1978. The offence was committed at Orita J6 via Ogbere in the Ijebu-ode Judicial Division of Ogun State.
At the trial, the Respondent called six witnesses and tendered two exhibits which were exhibits "A" Statement of 2nd Acc…