Omojola Akinlolu V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Akure Division – Coram: Mojeed A. Owoade, JCA, Mohammed A. Danjuma, JCA, James S. Abiriyi, (JCA) delivered on the 7th day of August, 2014, which dismissed the appellant’s appeal against the judgment of the Ondo State High Court, delivered on the 5th day of August, 2005, Coram: F. O. Aguda-Taiwo, J. which convicted and sentenced the appellant to death by hanging.

The facts of this case are as follows:- Sometime on the 26th day of February, 2007, the appellant and two others Segun Akinsuwa and Ayo Omoduyilemi had been arraigned before the Ondo State High Court, at the Ore Judicial Division on two count charge of conspiracy to commit murder punishable under Section 516 and for Murder contrary to Section 316 and punishable under Section 319(i) both of the Criminal Code, Cap 30 volume II, Laws of Ondo State of Nigeria, 1978; now Volume I, Cap 37, Laws of Ondo State, 2006.

The appellant and the other two accused persons had pleaded not guilty to the charge. The prosecution called four (4)

1

witnesses and tendered Exhibits 1-10A and ID 1-9. The appellant as the 2nd accused testified for himself but called no other witness in defence.

The case for the prosecution was that on or about the 3rd day of June, 2003, the appellant had conspired with the two other accused, lured to the farm, raped and killed one Mrs. Silifatu Rahman, otherwise known as Mama Lekan.

The defence by the appellant was a total denial in his oral testimony in Court. He had maintained that he knew nothing about the killing of the deceased, let alone participating in the murder. However, in his extra judicial statement earlier made to the police, the appellant had admitted that he actively participated in the raping of the deceased. It is interesting to note that the said extra judicial statement when tendered without objection was admitted and marked Exhibit 6.

It is note worthy that before the 3rd accused opened his defence, the prosecution informed the Court that the 3rd accused had been released from custody on the ground of ill health by the State Committee on Administration of Criminal Justice headed by the State Chief Judge, and upon the application

2

of the prosecuting counsel, the name of the 3rd accused person was accordingly struck out.

In the considered judgment, the trial Court expressed the Court’s displeasure over the development and recommended the re-arrest and prosecution of the 3rd accused. The appellant was found guilty as charged, convicted and sentenced to death.

Being dissatisfied, the appellant, by an amended Notice of Appeal filed on 13/09/2012 appealed to the Court below. In its unanimous decision, the Court below on 7/8/2014 dismissed the appellant’s appeal and affirmed his conviction and sentence. That has led to the instant further appeal to this Court via his Notice of Appeal filed on 22/9/2014 which was later amended on 28/10/2014.

Parties subsequently filed and exchanged their respective brief of argument. In the appellants of argument settled by Adekunle Ojo, Esq. the following three issues were distilled for the determination of the appeal.