CaseLaw
Omotola V. State (2009) CLR 3(a) (SC)
Judgement delivered on March 6th 2009
Brief
Facts
Thirteen accused persons including the five Appellants were arraigned before the High Court, Ado-Ekiti for conspiracy and murder of one Chief Olajide Esan on 18th June, 1999 at Ikoro-Ekiti in Ekiti State of Nigeria. Before the trial commenced, two of the accused persons had died.
The accused persons were tried by Kowe J. The prosecution called 24 witnesses in all. Some of the accused persons testified in their own defence and called witnesses. On 12-01-05, the trial Judge delivered judgment. The 2nd, 3rd, 5th, 8th, 9th and 11th accused persons were discharged and acquitted. The 1st, 6th, 7th and 10th accused persons were found guilty of the offences of conspiracy to murder and murder of Chief Olajide Esan on 18/6/99. Each was sentenced to death. The 4th accused was found guilty on the first count of conspiracy to murder but not guilty of murder and sentenced to 14 years imprisonment.
Each of the accused persons who were found guilty including the 4th accused was dissatisfied with the judgment of the trial Court, Each brought an appeal before the Court of Appeal, Ilorin (hereinafter referred to as 'the Court below'). On 10-12-07, the Court below in its judgment dismissed the appeal of each of the Appellants and affirmed the conviction and sentence imposed by the trial Judge. The Appellants have come on a final appeal before this Court.