Olabisi Adediji & Ors V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A.A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellants, were the 1st, 2nd, 3rd and 5th accused persons in Charge No: HLR/2C/2006 between THE STATE V. OLABISI ADEDIJI & 4 OTHERS which was tried and determined by the High Court of Osun State, Ila Judicial Division, Holden at Ila Orangun, Osun State. The appellants and their co-accused were charged with the following offences, namely:

“STATEMENT OF OFFENCE

Conspiracy to commit murder contrary to S. 924 of the criminal code caps 34 Vol. 11 Law of Osun State of Nigeria 2003.

PARTICULARS OF OFFENCE

OLABISI ADEDIJI ‘M’, ADELOWO ADEDIJI ‘M’, OLADAPO ADEDIJI ‘M’ OGUNDELE FEMI AND KOLAWOLE ADEDIJI on 13th April, 2004 at about 8.30 hrs. at Oyi farmland Oke-Ila in Ila Judicial Division conspired together to murder Tunde Bamidele.

STATEMENT OF OFFENCE

Conspiracy to commit murder contrary to S.324 of the criminal code cap 34 vol. 11 Law of Osun State of Nigeria 2003.

PARTICULAR OF OFFENCE

OLABISI ADEDIJI ‘M’ ADELOWO ADEDIJI ‘M’, OLADAPO ADEDIJI ‘M’ OGUNDELE FEMI AND KOLAWOLE ADEDIJI on 13th April, 2004 at about 8.30 hrs. at Oyi farmland Oke-Ila in Ila Judicial Division conspired together to murder Bamidele Ajiboye ‘M’

STATEMENT OF OFFENCE

MURDER contrary to S.319 (1) of the criminal code cap 34 vol. 11 Law of Osun State of Nigeria 2003.

PARTICULAR OF OFFENCE OLABISI ADEDIJI ‘M’ ADELOWO ADEDIJI ‘M’ OLADAPO ADEDIJI, OGUNDELE FEMI AND KOLAWOLE ADEDIJI on 13th April, 2004 at about 8.30 a.m. at Oyi farmland Oke Ila in Ila Orangun Judicial Division murder one Bamidele Ajiboye ‘M’.

The plea of each of the five accused persons was taken on the 31st day of October, 2007. See page 27 of the record of appeal. The trial commenced on the 22nd day of November, 2007 and continued until the prosecution closed its case and the accused persons opened their defence on the 19th day of May, 2008 – pages 27 to 38 of the record of appeal. The trial court amended the information on the 14th day of July, 2008 – page 40 of the record. In the amended information the accused persons were charged with the following offences: