CaseLaw
Oduneye V. State (2001) CLR 2(j) (SC)
Brief
Facts
The appellant was arraigned before an Oyo High Court presided over by M.A. Owoade J. on a two count charge of conspiracy to commit murder and the murder or Chief Amuda Olorunkosebi, the late Ashipa of Oyo, on or about the 26th day of November, 1992, at Ijawaya village, contrary to and punishable under sections 5 16 and 319 of the Criminal Code, Cap 30 Volume II, Laws of Oyo State of Nigeria 1978.
The trial commenced on the 12th of February 1998 wherein the prosecution fielded a total of 14 witnesses. The appellant, on his part, testified on oath and called his wife, DW1, as a witness. Both learned counsel for the appellant and the prosecution respectively addressed the court. The learned trial judge thereafter delivered his judgment on the 18th of June, 1998 whereupon he discharged and acquitted the appellant on the second count charge of murder but convicted him on the first count charge of conspiracy to commit murder and sentenced him to seven years imprisonment, without option of fine.
Dissatisfied with the judgment of the trial court, the appellant appealed to the court below which confirmed his conviction and sentence, hence the appellant's further appeal to the Supreme Court.
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to: