RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Honourable Justice D. O. Oluwayemi of the High court of Lagos state delivered on the 2nd of March 2001 wherein he convicted the Appellant on the single count of murder, sentencing him to fourteen (14) years imprisonment thereby.
It is for the murder of one Wale Mogbojuri at the Tipper Garage Majidun, Ikorodu, Lagos on the 2nd of July 2004.
The Appellant OLALEKAN OMOYELE at the High Court of Lagos State, Ikeja Judicial Division was charged with a one count charge of murder contrary to Section 319(1) of the Criminal Code Cap C12, Vol. 2, Laws of Lagos State 2003 in that on or about the 2nd day of July 2004 at Tipper Garage, Majidun, Lagos, in the Ikeja Judicial Division, murdered one Wale Magbojun by stabbing him.
On the 24th day of November 2008, the Appellant pleaded not guilty to the charge - page 47 of the Record of Appeal.
SYNOPSIS OF FACTS
The Appellant and the deceased are fir…