SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of Court of Appeal Ibadan Division delivered on the 14th day of April, 2008. The Appellant herein was arrested along with one Kingsley Omoregie on the grounds that they murdered one Engineer Samuel Fakoya. They were accordingly arraigned before the High Court of Ogun State sitting at Ijebu-Ode, presided over by Hon. Justice Ibikunle Adesalu on a two count charge of Conspiracy to commit murder and murder contrary to Section S.325 and 316(2) and punishable under Section 319(1) of the Criminal Code Law cap 29 Laws of Ogun State of Nigeria 1978. The charge reads thus:
STATEMENT OF OFFENCE:
COUNT 1:
CONSPIRACY TO MURDER contrary to Section 324 of the Criminal Code Law (Cap.29) Laws of Ogun State of Nigeria, 1978.
PARTICULARS OF OFFENCE:
KINGSLEY OMOREGIE (M) and SHINA OKETAOLEGUN (M) on or about the 27th day of August, 2002 at Ikoto-Ijebu in the Ijebu-Ode Judicial Division conspired to murde…