CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Ekiti State, Omuo Ekiti Judicial Division, the appellant and one other accused person, were arraigned on an Information containing a two-count charge of the murder of Ipinlaye Michael and Faluyi Ayo Kehinde contrary to Section 316, and punishable under Section 319, of the Criminal Code Act, Cap C 38, Laws of the Federation of Nigeria, 2004, respectively.
They pleaded Not guilty to the charges; hence, the case went to trial. Out of the ten witnesses listed in the proof of Evidence, the Prosecution called three witnesses, namely, PW1 (a Pathologist), PW2 (Investigating Police Office, IPO, for short) and PW3 (an eye witness). On their part, the appellant and his co-accused person called one witness. They equally testified in their own defence.
At the end of the trial, the High Court (hereinafter, simply, referred to as "the trial Court), finding them guilty as charged, convicted and sentenced them to death b…