CHIOMA EGONDU NWOSU-IHEME, J.S.C. (Delivering the Leading Judgment): This appeal arose from the majority decision of the Court of Appeal, Ibadan Division, Coram Bada P JCA and Tsammani, JCA (now JSC), (with Ojo JCA dissenting) delivered on 21st February, 2020. In that judgment, their Lordships affirmed the judgment of the learned trial Judge - Osinuga J - delivered on 2nd March, 2016 by which the Appellant was convicted of murder and conspiracy.
The Appellant was alleged to be part of a gang that terrorized the deceased and his family, in an ill-fated attempt at jungle justice over a land dispute. The Appellant was identified by his victims, including PW4 who the Appellant was alleged to have tried to rape during the ordeal.
FACTS RELEVANT TO THE APPEAL
The deceased, Samsudeen Tijani, at the time of the offence in this case, was the Baale of Itako Olowofela Village around Ibafo, Ogun State. The deceased had been in a protracted land dispute with certain persons, which had taken him and t…