Segun Akinsuwa V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

The appellant along with two other co-accused persons were arraigned before the High Court of Justice Ondo State (Coram F. O. Aguda – Taiwo J) (the trial Court) on 26th February, 2007 and tried on two count charge of conspiracy contrary to and punishable under Section 516 of Criminal Code Cap 30, Volume II of the Laws of Ondo State of Nigeria and the offence of murder, contrary to and punishable under Section 319 (1) of Criminal Code, Cap 30, Volume II of Laws of Ondo State of Nigeria.

The particulars of the second count are that the appellant on or about the 5th of June, 2003 at Sejire Campina-Ore, did conspire with the other co-accused to commit felony, to wit, murder. The particulars of the second offence are that the three accused persons (the appellant included) on or about the 5th day of June 2003 at Asejin Campina Ore murdered one Silifatu Rahman. Before the conclusion of the trial, the 3rd accused Ayo Omoduyilemi was released on bail on ill-health ground and he later died. The charges were therefore struck out against him, hence the trial continued with the appellant and his

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other co-accused Omojola Akinlolu.

Initially when the two count/charges were read to the then three accused persons, all of them pleaded not guilty to the two charges when they were read and explained to them in English Language but duly translated to them in Yoruba Language by the Registrar of the trial Court. The trial thereupon commenced in earnest on 26/2/2007. The prosecution, in order to prove the allegations against them, called four witnesses and closed its case. On their part, both the appellant and his co-accused testified for their own defence as Dws 1 & 2 respectively, without calling any witness. It is apt to state here, that the release of the 3rd accused person was sequel to the recommendation for his unconditional release by the Committee on the Administration of Criminal Justice of Ondo State headed by the Chief Justice of Ondo State who is its chairman, due to the ill-health of the 3rd Accused person.

At the end of the trial, the learned trial Judge in a considered Judgment delivered on 7th day of August, 2010 found the appellant guilty of conspiracy and murder and convicted and sentenced him to death.

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Aggrieved by his conviction and sentence by the trial Court, the appellant lodged an appeal to the Court of Appeal, Akure division (the lower Court or Court below) which dismissed his appeal and affirmed the Judgment of the trial Court, vide its Judgment delivered on 7th day of August 2014. Further aggrieved by the Judgment of the lower Court, the appellant appealed to this Court.

Before this Court, the parties, in compliance with the rules and practice applicable in this apex Court, filed and exchanged their briefs of argument.

The appellant’s Brief of argument settled by one Lanre Oliyide was filed on 20/10/2015 and was adopted and relied on, when the appeal was argued before us on 21/2/2019. In the said Brief of argument, three issues were decoded for the determination of the appeal as set out hereunder: –

1. Whether the learned Justices of the Court of Appeal were right and applied the correct principle of law when they dismissed and or discountenanced the defence of Alibi promptly raised by the Appellant herein. (Distilled from Ground 1 of the Notice of Appeal)
2. Whether the learned Justices of the Court of Appeal were right and applied the correct

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principle of law acting and relying on alleged confessional statement of co-accused (Dw1 and Dw3) respectively as corroborative evidence to sustain the conviction and sentence of death imposed on the Appellant (Distilled from Ground 2 of the Notice of Appeal)

3. Whether the learned Justices of the Court of Appeal were right and came to the right conclusion when they held that the prosecution discharged the burden of proof placed upon it beyond reasonable doubt in the absence of proof of essential ingredients of the offences of conspiracy and murder by the prosecution against the appellant (Distilled from Ground 3 of the Notice of Appeal).

The learned counsel for the respondent herein, followed suit by also filing his brief of argument on behalf of the respondent on 26/10/2017 which was deemed filed on 11/4/2018. In the said brief of argument, four issues were nominated for the determination of the appeal which I shall set out below:-