(2003) JELR 44791 (SC)    

Supreme Court  ·  SC.16/2002 ·  11 Jul 2003 ·  Nigeria
Other Citations
State v. Oladimeji (2003) 14 NWLR (Pt.839)57 (2003) 7 S.C 108 (2003) 7 S.C 108
State v. Oladimeji (2003) 14 NWLR (Pt. 839) 57
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
suo motu
accused persons
issue of plea
common intention
criminal code
trial court
act of the respondent
circumstances of this case
judgment of the court of appeal
laws of oyo state of nigeria
accidental acts of the appellant
course of its judgment
criminal procedure act of oyo state
deceased agboola aina
grave error
learned trial judge
protracted land dispute
issue no.
leading judgment
lower court
oyo state
probable consequence of the prosecution of such purpose
prosecution of such purpose
pursuance of this agreement
unlawful purpose
a. i. katsina-alu
arraignment of the accused person
cause of death of the deceased
court raise
dada family
deceased raised alarm
facts of the case
following excerpt
ibadan high court
issue of the arraignment of the respondent suo motu
laws of the oyo state
others of the lakun family
present appeal
respondent moshood oladimeji
said judgment
trial judge

A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The respondent Moshood Oladimeji and four others were arraigned before the Ibadan High Court, Oyo State on a one count charge of murder of Agboola Aina contrary to section 319( 1) of the Criminal Code, Cap. 30, Volume II, Laws of the Oyo State, 1978.

At the trial, the prosecution called nine (9) witnesses. The accused persons also gave evidence in their defence. On 13 October, 1998 the respondent was found guilty and convicted of the lesser offence of manslaughter. The other accused persons were acquitted and discharged.

The respondent's appeal to the Court of Appeal was allowed. The present appeal to this court is by the State.

The facts of the case are these. There had been a protracted land dispute at Dada village near Idi-Ayunre in Ibadan between the deceased's family (Dada family) and respondent's family (Lakun family). Because of this feud over land, the respondent's family held a meeting at which it was agreed that…

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