OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal, Ibadan Judicial Division upholding the conviction of the appellant by an Ibadan High Court for an offence against Section 319 of the Criminal Code.
For the sake of clarity, the section under which the appellant was charged and convicted may be set out as follows:-
"That you Bashiru Popoola on or about 8 April, 2007 at Alakia Area, Egbeda lbadan murdered Solomon Adeyemi and thereby committed a Criminal Offence punishable under Section 319 of the Criminal Code Law Cap 38, Laws of Oyo State, 2000."
On 21 May, 2008, the appellant pleaded not guilty to a one count charge of murder contrary to Section 319 of the Criminal Code. Ishola J. Presided.
In the course of trial, the prosecution called six witnesses. The appellant testified in his defence. He did not call any witness. A total of sixteen documents were tendered and admitted as exhibits, marked: Exhibits A, B, C, D, E, F-…