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JIMOH
V.
STATE

(2014) JELR 40191 (SC)    

Supreme Court  ·  SC.372/2011 ·  14 Mar 2014 ·  Nigeria
 · 
Other Citations
Jimoh v. State (2014) 10 NWLR (Pt. 1414) 105
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATIJJO MUHAMMAD Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
trial
trial court
adedayo odukoya
accused person
english language
kemi david
confessional statement
miscarriage of justice
akeem fatai
reasonable doubt
circumstantial evidence
yoruba language
cause of death
offence of murder
chief mamora
criminal code cap
evidence act
laws of ogun state of nigeria
learned appellant's counsel
said statement
accused persons
acquittal of the appellant
admission of exhibit
cautionary words
common purpose
learned counsel
learned trial judge
sentence of the appellant
burden of prove
circumstances of the entire case
conduct of trial
confessional statements of others
couple of exhibits
decision of the trial court
face of the objection
facts of the case
following cases
following issues
ijebu ode high court
judgment of the court of appeal
judgment of the trial court
names of others
provisions of the evidence act
testimony of pw4

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division, hereinafter called the court below, delivered on 30th March, 2011, wherein it affirmed the conviction and sentence of the appellant to death, for the murder of one Kemi David, by the Ijebu Ode High Court presided over by Oyewole Osidipe, J

The facts of the case are as follows:-

The appellant and one Akeem Fatai had been charged on two counts as follows:-

Count One

Statement of Offence

Conspiracy to commit Murder contrary to and punishable under Section 324 of the Criminal Code Cap 29 Laws of Ogun State of Nigeria, 1978.

Particulars of Offence

Dare Jimoh "m" Akeem Fatai 'm' on or about the 27th day of October, 1999 at No.4, Madasa Lane, off Odutola Street, Ijebu Ode, in the Ijebu Ode Judicial Division conspired together to commit the offence of murder contrary to Section 324 of the Criminal Code Cap 29, Laws of Ogun State of Nigeria, 1978.

Count Two…

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