MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court of Justice sitting at Ilaro delivered on the 6th of May 2009 in suit No.HCT/9c/2002.
Appellants were arraigned on a two count charge of conspiracy to commit murder and murder contrary to sections 324 and 316 (3) punishable under Section 319 (1) of the Criminal Code Law Cap 29 Laws of Ogun State of Nigeria 1978.
The trial initially started at Ota Judicial Division before the learned trial Judge was transferred to Ilaro where the judgment was delivered. The prosecution called two witnesses and tendered five exhibits in discharging the burden placed upon it by law. At the close of the prosecution's case, Appellants gave evidence in their defence. Thereafter, both the prosecution and the defence counsel addressed the court. In a well considered judgment delivered by the trial Judge, the Appellants were found guilty and convicted as charged on the two counts and wer…