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CaseLaw
On the 29th of November, 1998 the deceased victim Mayowa Adeleye was sent on an errand by his mother to deliver food to his father who worked as a security guard at a school.
However, the deceased victim never returned home as expected; his parents raised the alarm which led to the organization of a search party by the town on the order of the king.
During the search on the night the deceased victim went missing, Falade Ojo a member of the search party organized was accosted in the bush by the Appellant herein and his cohorts. They not only prevented him from searching the building where they were found but the Appellant brought out a sword to slay him but in the struggle, he managed to disarm the appellant which led to his escape.Ojo promptly reported to the king who directed the apprehension of the Appellant and the others.
Subsequently, the headless corpse of the deceased victim was found near the house of Sunday Jegede (deceased) one of the cohorts of the Appellant, covered by his curtain.
The Appellant and three others were arraigned before the trial High Court on a three-count charge of murder of Mayowa Adeleye and the attempted murder of Falade Ojo.
The Appellant denied committing any of the offence and pleaded not guilty.
The trial court found them guilty as the case was proved beyond reasonable doubt by the direct and circumstantial evidence against them.
They were convicted and sentenced accordingly.
Aggrieved, the Appellant appealed to the Court of Appeal which dismissed same and unanimously affirmed the decision of the trial court.
Dissatisfied, a further appeal to the Apex Court.