Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ONIYELU
V.
THE STATE

(2021) JELR 108827 (CA)    

Court of Appeal  ·  CA/EK/67C/2020 ·  24 Mar 2021 ·  Nigeria
CORAM
HON. JUSTICE T. N. ORJI-ABADUA (PJ), JCA HON. JUSTICE I. A. ANDENYANGTSO, JCA HON. JUSTICE B. B. ALIYU, JCA

Ratio Decidendi

IBRAHIM ALI ANDENYANGTSO, JCA (Delivering the leading judgment): This is an appeal against the judgment of the Ekiti State High Court, presided over by the Hon. Justice A.L. Ogunmoye, J., delivered on the 24th March, 2020, convicting and sentencing the Appellant to 5 years imprisonment for conspiracy to commit murder and to death by hanging for the murder of one Sola Adeniyi. Piqued by the decision, the Appellant filed an appeal on the same 24th March 2020 containing an omnibus ground. Appellant amended his Notice of Appeal filed on 13/11/2020 but deemed properly filed and served on 17/11/2020, containing four grounds, which, shorn of their particulars are as follows: -

“GROUND ONE

The trial court erred in law in convicting the Appellant for conspiracy to murder and murder of Sola Adeniyi despite the failure of the Respondent to properly identify the headless and armless body to be Sola Adeniyi.

“GROUND TWO

The trial court erred in law in the court’s finding that Exhibit 2 that is, state…

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