LATEEF SHOFOLAHAN v THE STATE (THE KUDIRAT ABIOLA MURDER CASE)

CHARGE OF CONSPIRACY AND MURDER - PROOF OF ------

ISSUE ADDRESSED:

(1) "Whether or not the learned trial Judge was right in law in treating the contents of the 2nd Appellant's statement admitted as Exhibit A6 as true and relying on the said Exhibit A6 to convict the 2 n d Appellant when the evidence of the 2nd Appellant is a retraction of the contents of Exhibit A4 without subjecting the said Exhibit A6 to the six tests laid down in the case of R V SKYES (1931) 8 C.A.R. Pg. 233 at 236." (Issue distilled from Grounds 7 and 8 of the Record of Appeal).

(2) "Whether or not the learned trial Judge was right in holding that the 2 n d Appellant was working in the house of Late Chief M.K.O. Abiola as Protocol Officer to Alhaja Kudirat Abiola between 1994 and 1996 and that it was one Sarkin Shasa that took the 2nd Appellant to the 1st Appellant in Abuja in 1995 when the ft Appellant was the Chief Security Officer to the Late General Sanni Abacha." (This Issue is distilled from Ground 9 of the Notice of Appeal)

( 3) "Whet her or not t he l earned trial Judge acted in accordance with his duties to remain an impartial umpire and to act on credible evidence in the determination of the guilt of the 2 n d Appellant by proffering reasons for the recantation by PW2 and PW3 and acting on the recanted evidence of PW2 and PW3 to convict the 2nd Appellant."

(4) "Whether or not the learned trial Judge was right incoming to the decision that the guilt of the 2" d Appellant had been established beyond reasonable doubt by the Prosecution having regard to ( 1 ) the quality, quantity and nature of the evidence adduced by the Prosecution in support of its case. (ii) the totality of the evidence adduced by the Appellant in trial Court and the manner in which the learned trial Judge considered or dealt with the case of the Prosecution and the 2" d Appellant.