Clement Omoniyi V. The State (1973)
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S. SOWEMIMO, J.S.C
This is an appeal against the judgment of the Western State Court of Appeal in Appeal No. CAW/134/70, which upheld the judgment of the High Court, Ondo, in Charge No. HOD/3c/70.
The appellant, then accused, was charged with the murder of his mother, one Orisawayi Awosoyin, on 28th April, 1969, at Losan Village, Ondo. He was tried at the Ondo High Court, convicted of the charge of murder and sentenced to death by Piper, J. on the 30th October, 1970. The appellant appealed against his conviction to the Western State Court of Appeal. Seven grounds of appeal were argued before that court and, in the course of a well considered judgment, the appeal was dismissed on the 10th of December, 1971. The appellant has further appealed to this court against the judgment of the Western State Court of Appeal. The Appeal was heard on the 12th October, 1972, and was dismissed and we now give our reasons.
The case against the appellant both in the lower court and the Court of Appeal turned on the admissibility of his (appellant’s) confessional statement. The appellant during the trial on the issue of the admissibility of the statement, gave evidence and the learned trial Judge in his ruling, held that the confessional statement was voluntary. The Western State Court of Appeal upheld this ruling. The appellant, elected, as he was entitled to do, not to give evidence in his defence at the trial and therefore all that the learned trial Judge had to consider was the evidence led by the prosecution. In his statement, the appellant admitted cutting off the head of his mother, the deceased.
Learned counsel who appeared for the appellant before us, had nothing useful to urge in favour of the appellant. We had, ourselves, considered the records in this case and saw no justification to disturb or disagree with the well considered judgment of the Western State Court of Appeal. The appeal to that court was rightly dismissed as lacking in merits. We dismissed the appeal at the hearing for these reasons.
SC.13/72
