MUSA DATTIJO MUHAMMAD, JSC(Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos Division of the Court of Appeal, hereinafter referred to as the lower court, affirming the judgment of the Lagos State High Court, hereinafter referred to as the trial court, convicting the appellant and one Olatinwo Nurudeen Bright for the offences of conspiracy to commit murder and murder contrary to Sections 324 and 319 (1) respectively of the Criminal Code Law Cap 32 Laws of Lagos State. The judgment of the trial court was delivered on the 12th February, 2004 while that of the lower court being appealed against was delivered on 9th March, 2010.
The appeal is predicated on a Notice dated and filed on 6th January, 2012 containing seven grounds. The facts of the case that brought about the appeal are briefly stated herein under.
It is respondent's case that sometime in September, 2009, the appellant, a driver to Navy Captain Yetunde Peters, who is now deceased, conspired w…