CaseLaw
Ayan V. State (2013) CLR 7(i) (SC)
Judgement delivered on July 12th 2013
Brief
Facts
The appellant, herein, along with three others, were charged with a three-count of: conspiracy, attempted murder and murder.
The plea of each of the accused persons was taken wherein each pleaded "not guilty" in all the counts. Out of the four accused persons before the trial court, one of them. Mr. Sunday Jegede died in course of the proceedings and his name was struck out.
The case of the appellant was that he was not at the scene of the crime, that he travelled to Ibadan and visited some people on the fateful day and that he was not among the people arrested by PW 2 and brought before the Kabiyesi of the town.
The case proceeded for full trial and the learned trial judge found each of the three [3] accused guilty as charged under section 319 of the Criminal Code. He sentenced each of them to death on count two [2] and life imprisonment on count three [3]. It appears that only the 3rd convict filed and pursued his appeal to the court below. The court below after giving its considered opinion, dismissed the appeal.
Dissatisfied further, the appellant appealed to this court