OBIETONBARA O. DANIEL-KALIO, JCA (Delivering the Leading Judgment): This appeal is over a conviction for murder. The appellant, Seyi Oyeneye (1st accused at the lower Court) and one David Oyedele (2nd accused at the lower Court) faced a two count charge. Count 1 was conspiracy to commit murder contrary to Section 324 of the Criminal Code Law, Vol. 1., Laws of Ogun State of Nigeria, 2006. Count 2 was murder, contrary to Section 316(2) and punishable under Section 319(1) of the Criminal Code Law, Vol. 1, Laws of Ogun State of Nigeria, 2006. The particulars of the two counts show that the appellant and the said David Oyedele on or about the 9th day of January, 2006 at Oloronbo Area, near Ijeun Titun, Abeokuta, conspired together to murder and murdered one Semiu Babatunde.
As pieced together from the Record of Appeal, the facts of the case at the lower Court showed that the deceased and his brother were on a nocturnal walk on the day of the incident. They were branded to be thieves and att…