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OGUNDARE OJO PETER v. THE STATE

(2018) LPELR-44357(SC)

In The Supreme Court of Nigeria

On Friday, the 4th day of May, 2018

SC.787/2015


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

OGUNDARE OJO PETER - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

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


FACTS:
The appellant herein, was one of the defendants arraigned before the High Court of Justice, holden at Ado-Ekiti, Ekiti State on a 4 count charge of conspiracy to commit murder, murder (in two instances) and Armed Robbery alleged to have been committed on different dates, contrary to Sections 324, 316 respectively, of the Criminal Code Act, Cap C38 Vol. 14, Laws of the Federal Republic of Nigeria, 2004 and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Vol. 14, Laws of the Federal Republic of Nigeria, 2004. 
Each of the defendants pleaded not guilty to any of the charges. Full trial was conducted and at the end, the learned trial judge discharged and acquitted the appellant in respect of the offences of armed robbery in counts 1 and 2. He found each of the two other accused/defendants charged along with the appellant, guilty as charged. He sentenced them to death by hanging. The learned trial judge also found the appellant and each of the other two defendants guilty as charged on counts 3 and 4. He sentenced each of them to death by hanging.
The appellant appealed to the Court of Appeal against his conviction and sentence. After reviewing the proceedings of the trial Court, the Court affirmed the decision of the trial Court.
Dissatisfied further, the appellant filed this appeal to the apex Court.







ISSUES:
Learned counsel for the Appellant formulated the following issues for determination of the appeal:
i. "Whether the learned Justices of the Court of Appeal were right to have found that the appellant and his co-accused invaded the premises of the deceased with the sole intention to kill and not to rob?
ii. If issue one is answered in the negative, whether in the light of the evidence led before the trial Court, the learned justices of the Court of Appeal rightly affirmed the appellant's conviction for the offences of murder and conspiracy to murder? Grounds 3, 4, 5, 6 and 7."

Learned counsel for the Respondent formulated two issues for determination. They are as follows:
a) "Whether the learned justices of the  Court of Appeal were right to have found that the appellant and his co-accused invaded the premises of the deceased with the sole intention to kill and not to rob. 
b) Whether in light of evidence led before the trial Court, the learned justices of Court of Appeal rightly affirmed the appellant's conviction for the offence of murder and conspiracy to murder."

The Court determined the merit or otherwise of the appeal based on the above issues.

DECISION/HELD:
The appeal was dismissed. The conviction and sentence of the Appellant by the trial Court which the Court of Appeal upheld was further affirmed by the apex Court.


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