CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Appellant, Ogunleye Tobi was arraigned before the High Court of Ogun State sitting at Ota on information in which he was charged with the murder of one Kolawole Badejo contrary to Section 316 and punishable under Section 319 of the Criminal Code Law, Laws of Ogun State, 2006. The particulars of the offence are that the Appellant Ogunleye Tobi on or about the 20th day of November, 2009 at Atila, Agbado Area in the Ota Judicial Division murdered Kolawole Badejo.
The case was tried by Mobolaji Ojo J. The Appellant pleaded not guilty to the charge and the Prosecution called two witnesses to establish its case. The Appellant gave evidence in his own defence. The learned trial judge in a reserved judgment delivered on the 2nd day of June, 2015 found the Appellant guilty as charged. He was accordingly sentenced to death by hanging. The Appellant was dissatisfied with the verdict of the Court and has appealed to this Court.
T…