CaseLaw
Iboji Vs. The State (2016) CLR 1 (k) (SC)
Judgement delivered on January 29th 2016
Brief
Facts
The appellant herein and three other persons were arraigned before the trial High Court on four counts of conspiracy to commit murder, murder, membership of an unlawful society and accessory after the fact to murder.
The respondent’s case was that the appellant along with the 1st and 3rd accused at trial were members of an unlawful society known as “jurice” and they conspired to murder and indeed murdered the deceased on the 21st of March, 2010.
However, the case against the 4th accused person was that his sons were members of the said unlawful society and they were involved in the murder of the deceased to the knowledge of the 4th accused who assisted them to flee justice.
At the trial, each of the accused persons testified in his own behalf and called no witness while the prosecution had previously called five witnesses.
In a considered judgment, the accused persons were discharged and acquitted in counts II and III for murder and membership of an unlawful society but were convicted in count I for conspiracy to commit felony to wit murder; hence, they were each sentenced to 10 years imprisonment without option of fine while the 4th accused person was discharged and acquitted in count IV for accessory after the fact to murder.
Dissatisfied, the 1st, 2nd and 3rd accused persons filed separate notices of appeal against the conviction and sentence. Nonetheless, the Court of Appeal affirmed the conviction of the appellant, thus dismissing the appeal.
Further dissatisfied, the appellant appealed to the Supreme Court.
Issues
Whether having regard to the circumstances of this case, and the totality of...