Oba Gabriel Adepoju Adeyemo V. The State (2012)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)
This is an appeal against the judgment of Abass J. of the High Court of Justice Oyo State, sitting at Ogbomoso, Ibadan Judicial Division, delivered on the 29th day October 2008 wherein appellant was convicted for the offences of conspiracy to commit murder and murder and sentenced to death by hanging.
The Appellant was charged with two other accused persons at the High Court of Oyo State, holden at Ogbomoso, for the following offences; (a) Conspiracy to commit murder; (b) murder; (c) causing bodily harm and unlawful possession of charms contrary to sections 516, 319 (1); section 335 and 213 (B) of the Criminal Code, Cap 30, vol, II Laws of Oyo State of Nigeria, 1978.
The offences alleged against the accused persons and their particulars are;
STATEMENT OF OFFENCE
- Conspiracy to commit felony to wit: Murder contrary to and punishable under Section 516 of the Criminal Code, Cap.30, vol. II Laws of Oyo State of Nigeria, 1978.
PARTICUIARS OF OFFENCE
Oba Gabriel Adepoju Adeyemo ‘M’, Gabriel Ojetayo ‘M’ Isaac Oguniyi ‘M’ and Sunday Akinade ‘M’, on or about the 14th day of February, 2001 at Oko-Ite in the Ogbomoso Judicial Division conspired together to murder Azeez Raji ‘M’.
STATEMENT OF OFFENCE
- Murder contrary to Section 319 (1) of the Criminal Code, Cap. 30. Vol, II, Laws of Oyo State of Nigeria, 1978.
PARTICULARS OF OFFENCE
Oba Gabriel Adepoju Adeyemo ‘M’ Gabriel Ojetayo ‘M’, Isaac Oguniyi ‘M’ and Sunday Akinade ‘M’, on or about the 14th day of February 2001 at Oko-Ile in the Ogbomoso Judicial Division murdered Azeez Raji ‘M’.
STATEMENT OF OFFENCE
- Grievous bodily harm, contrary to Section 335 of the Criminal Code, cap, 30, vol. II, Laws of Oyo State of Nigeria, 1978.
PARTICUIARS OF OFFENCE
Oba Gabriel Adepoju Adeyemo ‘M’, Gabriel Ojetayo ‘M’, Isaac Oguniyo ‘M’ and Sunday Aiubade ‘M’ on or about the 14th day of February 2001 at Oko-Ite in the Ogbomoso Judicial Division unlawfully injured Waliu Lawal ‘M’.
STATEMENT OF OFFENCE
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