Hakeem Fatai V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C

The appellant and one Dare Jimoh were arraigned before the High Court of Justice Ogun State sitting at Ijebu-Ode on a two-count-charge of conspiracy to commit murder and murder contrary to Sections 324 and 319 (1) of the Criminal Code Cap.20 Laws of Ogun State.

The facts of this case briefly are that on 27th day of October 2009, at Madasa Lane Ijebu-Ode, some persons attacked the house of one Kemi David (deceased). The said Kemi David was robbed, raped and slaughtered by the attackers with a knife and left her in the pool of her blood. It was when her siblings who have gone for a night vigil in a church came back that they raised alarm which attracted the neighbourhood vigilante group in the area who came out in search of the people that attacked Kemi David.

P.W.1, who was one of the vigilantees, stated that at the early hours of 28/10/2009; while in search of the attackers saw one Adebayo Odukoya inside a banana farm with his hands stained with blood. He picked him and handed him over to the monitoring group, and when he was questioned he admitted that he was one of the people that killed Kemi David. The said Adebayo Odukoya was said to have been shot by the police while trying to escape from police custody.

P.W.2, is a brother of the deceased. He gave evidence of the death of the deceased and tendered the knife he saw beside the deceased which was used to slash her throat.

P.W.3, is also an elder brother of the deceased and testified as to what he saw after they came back from the night vigil.

P.W.4, was a police officer who was asked to interpret the statement of the accused person in Yoruba into English to the I.P.O, after the interpretation, the accused person signed and he signed as the interpreter.

P.W. 5, the Investigating Police Officer (I.P.O). He took the statement of the appellant who gave his statement in Yoruba language, which was later interpreted to him.

The appellant’s confessional statement was tendered and upon the objection of the defence a trial-within-trial was conducted. In its ruling the trial court admitted the statement as Exhibit 7. In its conclusion the trial court held as follows:-

“In view of the above, I hold that there was no torture meted out to the 2nd accused before he made identification. I hold that the statement is direct, positive and related to 2nd accused acts and knowledge as well as intention and is therefore admissible. I therefore admit the statement made by the 2nd accused on 3/10/09 at Eleweran in evidence and hereby mark it as Exhibit 7.”

Under cross-examination, the witness stated that it was late Adebayo who identified the appellant as one of the people that committed the offence and took the police to the appellant’s house for his arrest. Adebayo’s statement was tendered as Exhibit 6.

The accused person gave evidence in his defence as DW2. He denied knowing the 1st accused person or the late Adebayo. He also denied knowing Kemi David, the victim of the crime. He said that he was not identified by anybody before he was arrested. He stated that he only made one statement to the police and that he did not agree with the total content of Exhibit 7.

After the conclusion of hearing, learned counsel to both parties addressed the court after which the trial court proceeded to deliver its judgment. The accused persons were found guilty of conspiracy to commit murder and murder contrary to Sections 324 and 319 (1) of the Criminal Code Cap. 30 Laws of Ogun State, and sentenced to death by hanging. In his conclusion the trial Judge held thus:-

“Having considered the totality of this case as well as the evidence led by the prosecutor and the defence of the accused persons which is denial and mistaken identity by which is rejected as there is no complainant to identify the accused but it was a comrade in crime that gave them out (sic). I hereby find that the prosecution proved that the two accused persons with others went and robbed at the Madasa Lane, raped Kemi David and also murdered Kemi David. I also find that there is not (sic) defence that could reduce the offence of murder committed by the accused persons to a lesser offence. I therefore find the two accused persons Dare Jimoh and Akeem Fatai guilty of the offence that on 27th October, 1999 they both conspired together to commit murder and actually murdered Kemi David at 4 Madasa Lane Ijebu-Ode in the Ijebu Ode Judicial Division.”