Ganiyu Wahab V. The State (2016)

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ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. 

This is an appeal against the judgment of the Lagos State High Court per D. O. OLUWAYEMI, J., delivered on 2nd July, 2007 wherein the Appellant was convicted for Murder contrary to Section 319 of the Criminal Code Law of Lagos State 2003 and sentenced to death by hanging.

A brief fact of the dispute leading to this appeal will suffice. The Appellant was charged on one count charge contained in information, to wit:

STATEMENT OF OFFENCE:

Murder, contrary to Section 319 of the Criminal Code Law, Cap C17 Vol. 11 Laws of Lagos State, 2003.

PARTICULARS OF OFFENCE

Ganiyu Wahab (M) on or about the 23rd day of January, 2005 at Agboyi/Alapere in the Ikeja Judicial Division murdered one Kolawole Lateef Alaran by stabbing him with a broken bottle.

Appellant pleaded not guilty. The prosecution called three (3) witnesses while the Appellant testified for himself. Upon conclusion of trial, the Appellant was found guilty and was convicted him accordingly.

Being dissatisfied with the judgment of the lower Court, the Appellant

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appealed vide an amended Notice of Appeal dated and filed 31st March, 2010 but deemed properly filed and served on 21st April, 2010 based on 11 grounds of appeal.

Appellant’s Brief of Argument dated and filed 13th October, 2010 but deemed properly filed on 1st April, 2012 and a reply brief dated 10th November, 2012, filed 11th November, 2011 and deemed properly filed on 7th March, 2014 was settled by Edmund

Chinonye Obiagwu, Esq. of Legal Defence & Assistance Project (L.E.D.A.P.).

Four issues were formulated for determination in the Appellants’ Brief thus: