Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLUWATOSIN
V.
STATE

(2021) JELR 108828 (CA)    

Court of Appeal  ·  CA/EK/74C/2020 ·  30 Jun 2021 ·  Nigeria
CORAM
HON. JUSTICE T. N. ORJI-ABADUA, PJCA HON. JUSTICE I. A. ANDENYANGTSO, JCA HON. JUSTICE B. B. ALIYU, JCA

Ratio Decidendi

Core Terms Beta
state
prosecution
reasonable doubt
circumstantial evidence
learned counsel
trial court
7th april
circumstances of this case
odo-owa ekiti
totality of evidence
accused persons
elderly woman
evidence of the prosecution witnesses
paras g
5th day of april
ado-ekiti
appellant’s counsel
decision of the lower court
decision of the trial court
hon. justice m.o. abodunde
irresistible conclusion
jurisdiction of this court
laws of ekiti state of nigeria
learned trial court
learned trial judge
respondent’s brief
above ingredients
accuse persons
act of the accused person
appellant of murder
available evidence
c16 laws of ekiti state
count charge of the offences of conspiracy
credible evidence of an eye witness
criminal trials
dwelling house
end of the trial
evidence of pw1
evidence of pw6
high court inter alia
leading judgment
lone issue
proof of its case
respect of circumstantial evidence
respondent’s counsel
single element
type of evidence
view of the totality of evidence

IBRAHIM ALI ANDENYANGTSO, JCA (Delivering the leading judgment): This is an appeal against the judgment of the Ekiti State High Court of Justice sitting at Ado-Ekiti in a Charge No. HAD/116C/2017 presided over by Hon. Justice M.O. Abodunde, J. delivered on 7th April, 2020, convicting and sentencing the Appellant to death, in a two count charge of the offences of conspiracy and murder under Sections 516A and 316 of the Criminal Code, Cap. C16 Laws of Ekiti State, 2012, to be referred to as “the Code”

The information in which the Appellant (and 3 others) were arraigned before the High Court inter alia reads:-

“STATEMENT OF OFFENCE

CONSPIRACY, contrary to Section 516A of the Criminal Code Law, Cap. C16, Laws of Ekiti State of Nigeria, 2012.

PARTICULARS OF OFFENCE

RASHIDAT ABDUL, OLUWATOSIN AKARAKIRI, ABDULRASHEED MUTAIRU and IYORIOGBHILE EROMONIA, on or about 5th day of April, 2017 at Odo-Owa Ekiti within the jurisdiction of this court, conspired to commit felony to wit: Murder.

STATEMENT OF O…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login