ODUNEYE
V.
STATE

(2000) JELR 50919 (CA)    

Court of Appeal  ·  CA/I/87/99 ·  25 Jan 2000 ·  Nigeria
Core Terms Beta
evidence
prosecution
counsel
case
learned trial judge
witnesses
contradictions
supreme court
accused person
case of the prosecution
prosecution’s case
evidence of the pw1
lead judgment
material witnesses
plea of alibi
trial
present case
reasonable doubt
l hold
picture of the alaafin of oyo
appellant dr. segun oduneye
appellant of the charge of murder
appellant of the count of conspiracy
attorney-general of oyo state
charge of conspiracy
close of evidence
defence witnesses
elements of the offence
evidence of the action
exhibit p3
following terms
learned trial court
light of such finding
material contradiction
material facts
n.l
oyo state
oyo state ministry of justice
pieces of evidence
prosecution witnesses
provision of the rules of this court
question of the appellant
r. vs kure
said ground
statement of offence
such conclusion
such witnesses support
sufficient evidence
trial court’s conclusion

TABAI, J.C.A.: (Delivering the Lead Judgment) The appellant Dr. Segun Oduneye was, on the 12th of February, 1998 arraigned before Hon. Justice M. A. Owoade of the Oyo Judicial Division of the High Court of Oyo State on a two -count charge of (1) Conspiracy to murder and (2) Actual murder, on or about the 26th of November, 1992, of Chief Amuda Olorunkosebi, the late Ashipa of Oyo. The trial involved the testimony of fourteen (14) witnesses for the prosecution and two (2) witnesses for the defence. The defence witnesses were the appellant himself and his wife Mrs. Omotayo Atinuke Oduneye. At the close of evidence, Chief J.B. Lawson for the defence and Dr. Ademola Yakubu, the Attorney-General of Oyo State addressed the Court. On the 18th June, 1998, Owoade J. delivered judgment in which he discharged and acquitted the appellant of the charge of murder but convicted him on the charge of conspiracy to murder and was sentenced to seven years imprisonment. It is against this conviction for…

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