MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an Appeal against the Judgment of His Lordship, Honourable Justice M. A. Folayan of Kwara State High Court in Suit No. KWS/18C/2014 delivered on the 30th day of September, 2016.
In the application for leave to prefer charge against the Appellant and the other accused persons in this case, the state as complainant named five Accused persons as follows:
1. ABDULFATAI LANRE
2. MAHMUD RIDWAN
3. IDOWU MAKANJUOLA
4. TUNDE SHEU and
5. MUSTAPHA WASIU.
However, the charge sheet of 19-05-2014 named the Appellant Tunde Sheu as the 4th Accused in this Order Abdullahi Lanre, Mahmud Ridwan, Idowu Makanjuola and Tunde Sheu.
By the time of the trial and apparently because the trial of Ridwan Mahmud was severed by his inability to take plea on medical grounds, the names of the accused persons were re-arranged with the Appellant becoming the 3rd Accused as follows:
1. ABDULLAHI LANRE
2. IDOWU MAKANJUOLA
3. TUNDE SHEU and
4. WASIU MUSTAPHA.
The…