CORAM

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ANTHONY NNAMEZIE ANIAGOLU, JUSTICE, SUPREME COURT

COKER, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

UDOMA, JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)

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PARTIES

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MOMODU OLADELEJIMOH AJAO AMOO alias OLOJUKANJIMOH ATANDA ATUFAFAASIFATU ISHOLA APPELLANTS

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COMPLAINANT / RESPONDENT

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellants all participis criminis, were found guilty and sentenced to death for murder of one Olajide Olayiwola, the Shoun of Ogbomosho, who was murdered in cold blood in his palace during a revolt. The appellants, later appeal to the western state Court of Appeal to set aside their conviction, though the conviction and sentence of the 5th Accused was set aside by the appellate court but the conviction and sentence other appellants was upheld.

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HELD

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The court held that the conviction and the sentence of the appellants by the trial court in the face of overwhelming evidence against them for the offence of murder was proper in the circumstance.

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ISSUES

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Whether the appellate court was right in upholding the conviction and sentence of the appellants.

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RATIONES DECIDENDI

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HOW EVIDENCE BEFORE THE LOWER COURT IS TREATED BY AN APPELLATE COURT

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where there was overwhelming evidence before the trial court to sustain the conviction and sentence of the appellants for the offence charged, an appellate court will not interfere with the findings of the lower court.
Per Fatayi Williams JSC

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HOW EVIDENCE BEFORE THE LOWER COURT IS TREATED BY AN APPELLATE COURT

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where there was overwhelming evidence before the trial court to sustain the conviction and sentence of the appellants for the offence charged, an appellate court will not interfere with the findings of the lower court.
Per Fatayi Williams JSC
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CASES CITED

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None

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STATUTES REFERRED TO

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None

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