CaseLaw
Ogunleye V. State (1991) CLR 4(d) (CA)
Brief
Facts
On the 16th of August, 1983, a crowd of people was alleged to have come to the house of the deceased at Araromi Area, Iwo, shouting Awo! Awo! Awo!!!! The crowd was alleged to have assaulted the deceased with cutlass and later on put a tyre around his neck and set him on fire. Partly because there was no clear identification of the 1st, 3rd to the 12th accused persons and also because the Judge accepted their defence of alibi which the judge held to have been properly investigated by the Police who were investigating the crime the evidence of which was believed by the learned trial Judge, all the other accused persons except the 2nd accused person (who is now the appellant) were discharged and acquitted by the learned trial Judge. The 2nd accused person (appellant) was the only one convicted and he has thus appealed to this court.