CORAM

CENTUS CHIMA NWEZE    JUSTICE. SUPREME COURT

AMIRU SANUSI

PARTIES

KINGSLEY OMOREGIE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant together with another were charged with the offence of conspiracy to commit murder and murder contrary to Section 324 and Section 316(2) respectively and punishable under Section 319(1) of the Criminal Code Law Cap 29 Laws of Ogun State Nigeria. It was the case of the prosecution that the Appellant who was an employee of the deceased and the Co-accused were sighted by PW1 arriving the deceased compound. PW1 being apprehensive of what might have brought the Appellant who had earlier been accused of stealing the deceased person’s bus, consequently alerted the Vigilante Group in the town on the need to arrest the Appellant and Co-accused. On getting back with the Vigilante Group, the deceased was found in a pool of blood and the accused persons attempted to escape but were apprehended. The trial court found the Appellant and co-accused guilty, convicted and sentenced them each to five years imprisonment for counts of conspiracy to commit murder and to death by hanging for murder. Dissatisfied with the trial court’s decision, the Appellant appealed to the Court of Appeal, which substituted the Appellant’s conviction of murder with that of attempted murder and the death sentence to life imprisonment. Still dissatisfied with the lower court’s decision, the Appellant has further appealed to this court.

HELD

Appeal Dismissed

ISSUES

?    Whether the court below (Court of Appeal) was right in convicting the appellant of attempted murder and sentencing him to life imprisonment considering the evidence.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria, 1999Criminal Code Law Cap 29 Laws of Ogun StateEvidence Act

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