In the lead judgment delivered by Justice Rita Pemu and supported by the presiding judge, Justice Amina Augie andJustice F. O. Akinbami respectively, the court held that the prosecution failed to prove its case beyond reasonable doubt, and that there was no nexus between the appellants and the murder of Alhaja Kudirat Abiola on June 4, 1993.
The Augie led all-female appeal panel had taken over the case from Justice Ibrahim Saulawa, who withdrew on April 29, for personal reasons.
Justice Pemu in setting aside the judgment of the lower court, held that the prosecution failed to establish the charge of conspiracy and murder against the appellants and that it was foolhardy and unreasonable for the lower court to have so swiftly convicted the appellants, when it was very evident that the prosecution had a bad case.
