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OMOTOLA & ORS
V.
THE STATE

(2009) JELR 47193 (SC)

Supreme Court 6 Mar 2009 Nigeria
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- Thirteen accused, including the five appellants, were arraigned before the High Court, Ado-Ekiti, for conspiracy and the murder of Chief Olajide Esan on 18 June 1999 in Ikoro-Ekiti, Ekiti State. Two accused died before trial commenced; ot

Case Details

Suit Number:SC.69/2008
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria JAMES OGENYI OGEBE Justice of The Supreme Court of Nigeria
Counsel:K.K. Eleja Esq. (Messrs. SA Oke and A.S. Ishola with him) for 1st and 2nd Appellants.C.F. Agbu Esq. [Messrs A. S. Oyinloye, K.E. Akanbi, O.A. Owolabi and Owoseni Ajayi with him] for the 4th Appellant.Bamidele Omoto Esq., [Messrs. O. Olowoplafe, Rotimi Adabembe and Adedayo Adewunmi with him] for the 5th Appellant For Appellant Gboyega Oyewole Esq. Hon. Attorney-General of Ekiti State [A. A. Morakinyo Esq., D.P.P. Ekiti State with him] for the Respondent. For Respondent
Other Citations:DAVID OMOTOLA & ORS. V. THE STATE (2009) 2-3 S.C. 7 NWLR (Pt. II39) 148 S.C. (2009) 7 NWLR 148 S.C. (2009) 7 NWLR 148 S.C.

G. A. OGUNTADE, JSC (Delivering the Leading Judgment): Thirteen accused persons including the five appellants were arraigned before the High Court, Ado-Ekiti for conspiracy and murder of one Chief Olajide Esan on 18th June, 1999 at Ikoro-Ekiti in Ekiti State of Nigeria. Before the trial commenced, two of the accused persons had died.

The accused persons were tried by Kowe J. The prosecution called 24 witnesses in all. Some of the accused persons testified in their own defence and called witnesses. On 12-01-05, the trial judge delivered judgment. The 2nd, 3rd, 5th, 8th, 9th and 11th accused persons were discharged and acquitted. The 1st, 6th, 7th and 10th accused persons were found guilty of the offences of conspiracy to murder and murder of Chief Olajide Esan on 18/6/99. Each was sentenced to death. The 4th accused was found guilty on the first count of conspiracy to murder but not guilty of murder and sentenced to 14 years imprisonment. Each of the accused persons who were found guil…

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