CaseLaw
Obinah John Vs. The State (2016) CLR 3 (d) (SC)
Judgement delivered on March 18th 2016
Brief
Facts
The Appellant herein and six others were arraigned before the Oyo State High Court, Ibadan Judicial division while the Appellant and five accused persons were charged with one count of conspiracy to commit armed robbery, the seventh accused person was charged with one count of sheltering armed robbers.
Prior to the commencement of the trial, it was reported that two of the accused were dead and the third accused person was said to be at large. Consequently, the names of the three accused persons were struck out upon an application by the prosecuting counsel..
The remaining four accused persons pleaded not guilty.
The accused persons were convicted and sentenced to death by hanging.
Aggrieved, the appellant herein appealed to the Court of Appeal which dismissed the appeal thereby affirming the judgment of the trial court.
Dissatisfied with the decision of the Appellate Court, the Appellant appealed to the Supreme Court.