Dare Jimoh Vs The State (2014)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Ibadan Division, hereinafter called the court below, delivered on 30th March, 2011, wherein it affirmed the conviction and sentence of the appellant to death, for the murder of one Kemi David, by the Ijebu Ode High Court presided over by Oyewole Osidipe, J.

The facts of the case are as follows:-

The appellant and one Akeem Fatai had been charged on two counts as follows:-

Count One

Statement of Offence

Conspiracy to commit Murder contrary to and punishable under Section 324 of the Criminal Code Cap 29 Laws of Ogun State of Nigeria, 1978.

Particulars of Offence

Dare Jimoh “m” Akeem Fatai ‘m’ on or about the 27th day of October, 1999 at No.4, Madasa Lane, off Odutola Street, Ijebu Ode, in the Ijebu Ode Judicial Division conspired together to commit the offence of murder contrary to Section 324 of the Criminal Code Cap 29, Laws of Ogun State of Nigeria, 1978.

Count Two

Statement of Offence

Murder contrary to and punishable under Section 319 (1) of the Criminal Code Cap 29 Laws of Ogun State of Nigeria, 1978.

Particulars of Offence

Dare Jimoh ‘m’, Akeem Fatai ‘m’ on or about the 27th day of October, 1999 at No.4 Madasa lane, off Odutola Street, in the Ijebu Ode Judicial Division unlawfully killed one Kemi David ‘f’ and thereby committed an offence contrary to Section 319(1) of the Criminal Code Cap 29 Laws of Ogun State of Nigeria, 1978.