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WAHEED BALOGUN v. THE STATE

(2018) LPELR-44215(SC)

In The Supreme Court of Nigeria

On Friday, the 13th day of April, 2018

SC.651/2014


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria


Between

WAHEED BALOGUN - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offences of Conspiracy to commit Murder and Murder.

FACTS:
This is an appeal against the decision of the Court of Appeal, Ibadan.

The prosecution's case at the High Court of Oyo State holden at Ogbomoso is that the Appellant and three other persons who are members of Odua Peoples Congress (OPC) conspired and kidnapped one Raji Tiamiyu, a traffic warden (policeman) at Taki area of Ogbomoso and conveyed him in a taxi to Odo-Oba area at the outskirt of Ogbomoso town where they took him into the bush and shot him dead with a dane gun fired by one of them. The killing of Raji Tiamiyu a traffic warden was carried out in revenge for the killing of one Alfa Kasali Shittu, a member of Odua Peoples Congress (OPC) allegedly shot by the police on the 26th November, 2002 as a result of a gun shoot out confrontation between the police and the members of Odua Peoples Congress (OPC).

The Appellant along with three other accused persons were arraigned before the High Court of Oyo State holden at Ogbomoso on a two count charge of conspiracy to commit murder and murder under Sections 324 and 319 of the Criminal Code Cap. 30 Volume 11 Laws of Oyo State 1978. At the end of the trial that followed, the Appellant and his co-accused persons were each found guilty of the two count charge and were accordingly convicted and sentenced to ten years imprisonment for the first count and death by hanging on the second count. Being aggrieved, the Appellant, who was the second accused at the trial Court appealed to the Court of Appeal, Ibadan. The appeal was heard, and in a unanimous judgment delivered on the 18th day of March, 2014 their Lordships, (Coram Uwa, Tsamani and Daniel-Kalio JJCA) dismissed the appeal.

Further dissatisfied,  the Appellant appealed to the Supreme Court.

ISSUES:
The apex Court determined the appeal on the sole issue:
Whether the lower Court was right to have upheld the judgment of the trial Court on the ground that the prosecution had proved its case beyond reasonable doubt.
DECISION/HELD:
On the whole, the Supreme Court unanimously dismissed the appeal.


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