MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): In its judgment delivered on 8th day of March, 2012 allowing appeal No.CA/B/220C/2006 against the decision of the Ondo State High Court, hereinafter referred to as the trial court, the Court of Appeal sitting at Akure, hereinafter referred to as the court below, nullified the entire proceedings of the trial court and set aside appellant's conviction for murder contrary to Section 316 (6) and the sentence of death under Section 319 (1) of the Criminal Code Cap 30 Vol. II Laws of Ondo State. The court further ordered the "retrial of the appellant by a judge of the High Court of Ondo State other than Odunwo J."
Dissatisfied with the judgment, the appellant has appealed against same to this Court on a notice dated 8th but filed on the 14th day of May, 2012. The undisputed facts of the case that brought about the appeal are as briefly stated below.
The appellant and three others were charged before the Ondo State High Court f…