Adesujo Akinkunmi & Ors. V. The State (1987)

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ESO, J.S.C.

The facts of this case are well stated in the judgment of Onu J.C.A., who delivered the unanimous judgment of the Court of Appeal. On 17th February 1981, the appellants travelled in a Mini Bus Regd. No. OD 1625 F from Iragbiji towards Ilesha.

They were stopped at a police road block in a place known as Oke Ayepe Police Road Block on the Oshogbo- Ilesha Road and accosted by the Police. The policemen at the post included Inspector Jacob Adeyemi Olufemi, who gave evidence as 2nd prosecution witness, and the deceased.

As a result of a search, conducted by the deceased, it was discovered that the vehicle contained a stolen goat. Meanwhile, the engine of the bus was kept running. 2nd appellant was at the wheel, but he was not the actual driver of the bus. The deceased was still in the vehicle when 2nd appellant pressed the accelerator and sped off. The deceased shouted words to the effect that he should be allowed to come down from the vehicle and also that he should not be pushed off.

The appellants sped off, or rather, 2nd appellant at the wheels sped off. There was a chase which ended in futility. But after negotiating a bend, not too far from the check point, the pursuing policemen found the deceased lying by the side of the road, with a broken skull and his broken rifle by his side.

The deceased was conveyed to the State Hospital Oshogbo, where he died after a week. The doctor put cause of death as fracture of the base of the skull.

The learned trial Judge took evidence, and after a most careful consideration of the evidence before him, set down three matters not in dispute to wit”

a) That on the night of 17/2/81, the four accused persons and somebody still at large were inside the commercial vehicle registration No. OD 1625 F that is Exhibit ‘A’.

(b) That they set out from Ondo town that day.

(c) That they were stopped for checking by the Police at Oshogbo check-point.”

He found, without any problem, that the 2nd appellant drove the vehicle and sped off with the deceased while shouting those words I had referred to above. He then considered issues of law arising and examined the act of the appellants as to whether they amounted to one of such a nature as to be likely to endanger human life.

He concluded –

“From the totality of the evidence adduced by the prosecution and my previous findings, I am satisfied that the prosecution had proved beyond reasonable doubt the ingredients of the offence of murder against the 2nd accused who drove Exhibit ‘A’ on the fateful day. I am also satisfied from the evidence before me that the four accused persons acted in concert and the behaviour and the evidence given by the 1st, 3rd and 4th accused persons richly justified my findings.”

He found the appellants guilty of murder and convicted and sentenced them accordingly.