Oluwatimilehin Ifaramoye Vs The State (2017)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellant and three others were arraigned before the Ondo State High Court on a Charge of Murder. They were alleged to have murdered one Maria Joseph Erhiyore, a palm oil dealer who had left Okitipupa for Ode-Erinje to buy palm oil and was never seen again until her body was found in a pit at the back of the second Accused Persons house. The second Accused pleaded guilty and was convicted and sentenced accordingly.

The Appellant, who became the second Accused, pleaded not guilty The Prosecution called four witnesses, including inspector Omojeje John who was part of a team of Policemen that investigated the crime at SIIB, Akure. He testified as PW3.

The Appellants Statement to the Police was tendered in evidence through PW3, who explained that it was recorded in Yoruba language by Sgt Mogaji and translated into English by Inspector Rufus Ibitoye, and they were not called as witnesses.

The Appellants counsel objected to the admissibility of the Statements in evidence through PW3 on the ground that they “were not tendered by the makers and no proper

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foundation was laid as to the reasons why the makers are not called.

The trial Court in overruling the objection stated as follows -Since the defences of the Accused Persons are likely to be based on these Statements i-e. whether or not they are voluntarily made, it will be in the interest of justice that the Statements are admitted at this stage.

The Statements are admitted- – – [as] Exhibits B-B1

In his testimony as DW2, the Appellant denied the allegations and put up an alibi that on the day in question he was assisting his mother in her farm at Ugboran. He also alleged that he was tortured by the Police and forced lo “thumbprint the statement”.

In its Judgment delivered on 29/9/2006 the trial Court held that his defence of alibi and retraction of his Confessional Statements “were fabrications”. It found him guilty as charged and convicted and sentenced him to death by hanging.

The gravamen of his Appeal to the Court below centered on the said Exhibits B-B1. In dismissing the Appeal the Court below held that since PW3 was part of the team that obtained the Statements, he had put himself on the line as a competent witness to take

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questions arising from the documents if any.