CaseLaw
Omoregie V. State (2017) CLR 6(e)(SC)
Judgement delivered on June 2nd 2017
Brief
Facts
The case of the prosecution was that the appellant was an employee of the deceased as the latter's bus driver. He in company of the co-accused Shina Oketaologun together formed common agreement, left Ibadan for the deceased residence in Ijebu-Ode, Ogun State. On arriving at the compound of the deceased, PW1 said he saw them and was surprised to see the appellant who had earlier been accused of stealing the deceased person's bus. Being apprehensive of what might have brought appellant to the deceased person's compound, the PW1 stated that he went and informed the members of the Vigilante Group the town on the need to arrest the appellant and the co-accused. On returning to the compound along with the members of vigilante group, the PW1 testified that they found the deceased in pool of his own blood. He stated that on sighting him and the vigilante group members, the appellant and his co-accused ran into the rooms and then ran out of the compound through the back door in a bid to escape but they were apprehended by the members of the vigilante group who surrounded the compound of the deceased. Recovered at the scene, were a yellow marine rope used in tying the deceased to the railings of the staircase and a knife used in stabbing the deceased on his chest and abdomen.
During the trial, the prosecution in an effort to prove the charges against the appellant and the co-accused, called five witnesses.
The appellant on the other hand testified on his own behalf denying the charges framed against him. He testified that he merely went to the deceased's house on appointment given to him by the deceased to go there and collect his outstanding wages. At the conclusion of the trial, the trial Court found the appellant and the co-accused guilty and convicted them of both counts of conspiracy to commit murder and of murder and sentenced each of them to five years imprisonment for the first count of conspiracy to commit murder and to death by hanging for the second count of murder.
Dissatisfied with the decision of the trial Court, the appellant appealed to the Court of Appeal, Ibadan division ("the Court below" or "Lower Court” for short). On hearing his appeal, the Court below substituted the appellant's conviction of murder with that of attempted murder and committed the death sentence to that of life imprisonment. However, still dissatisfied with the Lower Courts decision, the appellant further appealed to this Court.
Issues
Whether the Court below (Court of Appeal) was right in convicting the appellant...