Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLAIYA
V.
STATE

(2014) JELR 39914 (CA)    

Court of Appeal  ·  CA/EK/126C/2013 ·  31 Mar 2014 ·  Nigeria
 · 
Other Citations
Olaiya v. State (2015) 11 NWLR (Pt. 1470) 360
CORAM
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
death
evidence
learned trial judge
issues
lower court
offence of murder
criminal code
grievous harm
reasonable doubt
fact
police officers
issue no.
trial
divisional police officer
evidence act
grounds of appeal
identification parade
lead judgment
nigeria police force
statement of mrs jaiye bamisile
total agreement
appellant of the offence of murder
briefs of argument
cause of death of kehinde ayo faluyi
criminal trial
draft of the lead judgment
ekiti state
end of the trial
facts of the case
following circumstances
hearsay evidence
heavy weather
high court of ekiti state
human life
instant appeal
judgment of the lower court
leading judgment
material effect
mr. dayo apata solicitor-general
murder of ipinlaye michael
notice of appeal
police corporal akinyede olaiya
quality of the evidence
record of appeal
rounds of ak-47 rifles ammunition
scene of the clash
took place
wrongful act rests
wrong section of the relevant law

FATIMA OMORO AKINBAMI, JCA (Delivering the Leading Judgment): The Appellant herein, a Police Corporal Akinyede Olaiya and one Corporal Ameh Richard were jointly arraigned before the High Court of Ekiti State on the 31st day of October, 2012; charged with the murder of Ipinlaye Michael and Faluyi Ayo Kehinde respectively at Kota, Omuo-Ekiti on the 23rd March, 2011. They pleaded not guilty to the charge. During the trial, three witnesses testified for the prosecution and sixteen (16) documents were tendered in evidence and admitted as exhibits. The Appellant and the co-accused each testified in his defence and one witness was called in their joint defence.

At the end of the trial and in a reserved and considered judgment, Adesodun, J, found the Appellant and his co-accused guilty as charged. His Lordship convicted and sentenced each of them to death by hanging.

The Appellant being dissatisfied with the Judgment of the lower Court filed a Notice of Appeal on 24th April, 2013 containing …

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