Yekini Bakare Vs The State (1972)

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FATAYI-WIILIAMS, JSC.

The appellant was tried in the High Court, Ijebu-Ode, on a charge of murder. He was alleged to have murdered one Asani Bakare at Ibipe Street, Ita-Ala, Ago-Iwoye, on the 17th February, 1970.

According to Saidu Bakare (5th P.W.) the son of the deceased and a full brother of the accused, the accused, prior to the incident, had not been on speaking terms with their father (the deceased) because the accused was not satisfied with the action of the deceased in providing a wife for the 5th P.W. and none for him (i.e. the accused). On 17th January, 1970, Risikatu Saidu (6th P.W.) and the wife of the 5th P.W. heard a gun shot.

As a result, she went to the corridor of their house and there found the deceased on the ground writhing in pain while the accused stood by his side holding a gun (Ex. “C”). She then raised an alarm and other neighbours came to the spot. The deceased died soon after of haemorrhage resulting from gunshot wounds. A report was eventually made to the police as a result of which P.C. Gregory Orido (7th P.W.), after due investigation, arrested the accused and charged him with the murder of the deceased. In a written statement made to the police after he had been duly cautioned, the accused stated inter alia as follows:-

“At about a year ago, I have a quarrel with my father. And my father did not greet me since then. It was about a year and two months ago, that my father married for my junior brother by name Saidi. And they did not tell me. My father knew that myself who is the senior had got no wife. This morning at about 8 a.m., I went to my father Bakare in his house with my dane gun, and I saw him outside his house and I fired at him. My father fell down and died.”

In his defence on oath, the accused admitted firing his dane gun at his father on the day of the incident and killing him as a result. He gave his reasons for killing his father as follows:-

“He arranged for a wife for my junior brother. He told people in the neighborhood but failed to inform me about it even until the woman was actually brought into the house. I then asked him what I had done to merit that treatment. He gave no reply. On the morning of February, 17, 1970, Asani Bakare and I were fighting. He wanted to twist my neck. I then freed myself. I ran inside and picked a gun. I picked the gun from Asani Bakare’s room. It was already loaded. It was Asani Bakare’s gun. I went with the gun and fired it at Asani Bakare, and killed him.”

Under cross-examination, the accused admitted that before he used the gun he had to search the room for it and it took him about five minutes before he could find it. He also admitted that he decided to look for the gun because he was angry with his father.

The learned trial Judge, quite rightly we think, was unable find any evidence of provocation and so convicted the accused of murder as charged. His appeal to the Western State Court of Appeal was dismissed on the 21st February, 1972.

In the appeal before us, Mr. Akinrele, who appeared for the appellant, could find nothing which he could usefully urge upon us in favour of the appellant. We were also of the view that the appellant was rightly convicted of murder as charged and so we dismissed his appeal on the 19th October, 1972. We now give our reasons for so doing.

Other Citation: (1972) LCN/1337(SC)