R.C. AGBO J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered on 8th April 2009 in which the appellant was convicted on a two count charge of conspiracy to murder contrary to S. 324 of the Criminal Code Cap 32 Laws of Lagos State 1994 and attempt to murder contrary to S.320(1) of the Criminal Code Law Caps. 32 Laws of Lagos State 1994. He was sentenced on the first court of conspiracy to 10 years imprisonment while he was sentenced on the 2nd count to 18 years imprisonment. The appellant had been tried together with Lateef Sofolahan who was also convicted. In the information dated 20th July 2001 the accused persons were alleged to have attempted to murder Senator Abraham Adesanya on the 14th day of January 1997 at Simpson street Lagos.
Upon arraignment and plea the prosecution had called two witnesses and closed its case. Each accused person had testified and closed his case and appeal adjourned for the parties to…