ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Justice M.A.A Abass of the Oyo State High Court of Justice delivered on the 14tn day of July, 2005. The appellant along with three other accused persons were charged before the Oyo State High Court of Justice, Ogbomoso judicial Division for the offences of conspiracy to commit felony to wit murder and murder of one Raji Tiamiyu, a traffic warden then serving in Ogbomoso who was kidnapped from his duty post before he was eventually assassinated contrary to sections 324 and 319 of the criminal code, Cap 30. Vol. II, Laws of Oyo State, 1978 (now cap 38 volume II, Laws of Oyo State 2000).
For clarity the two count charges read as follows:
STATEMENT OF OFFENCE
"Conspiracy to commit felony to wit: murder contrary to section 324 of the Criminal Code, Cap. 30, Vol. II Laws of Oyo State of Nigeria, 1978.
PARTICULARS OF OFFENCE
Taiwo Oladejo (m), Waheed Balogun (m), Mukaila Salawu (m), Alawo…