Jimoh Ishola (Alias Ejigbadero) V. The State (1978)

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IDIGBE, J.S.C. 

At this point in these proceedings there are for determination of this court inter alia the following principal questions:

“(1) Whether the eighteenth witness for the prosecution (P.W. 18 – Kehinde Yekini) is an accomplice whose testimony in so far as it tends to implicate the appellant required corroboration from an independent witness(2) Whether the court of first instance did not, in the circumstances of this case, err in law in admitting evidence of “similar facts” whose prejudicial character far outweighed their probative value

(3) Whether, in the circumstances of this case, the evidence of “visual identification of the appellant at the alleged time and venue of the murder of the deceased as given by the first, second, third and sixth prosecution witnesses based on a fleeting glance of the appellant at night and the failure” of the learned trial Judge to warn himself of the need for other independent evidence corroborating the same did not amount to error in law

(4) whether, in the light of the foregoing, the failure of the learned trial Judge in the High Court of Lagos State (Oluwa, J.,) to warn himself;

(a) on the need for independent evidence corroborating in material particulars the evidence of the accomplice, Kehinde Yekini (P.W.18); and

(b) on the need for independent evidence corroborating the “fleeting” visual identification of the appellant “at the alleged time and venue of murder” by P.W.1, P.W.2, P.W.3, and P.W.6 and

(c) the admission by the learned trial Judge of the evidence referred to in the third question above has not, in the circumstances of this case, occasioned such miscarriage as to warrant the acquittal of the appellant by the High Court of Lagos State and finally,

(5) Whether the Federal Court of Appeal was not in error of law in failing to allow the appeal from the said decision of the High Court of Lagos State

For the reasons we now give, we answered each of the foregoing questions in the negative on the 22nd September, 1978, when we dismissed this appeal.

The question which we set out in the preceding paragraph came about in this way. The appellant was, tried in the High Court of Lagos State on a two account information for the offences of conspiracy and murder and we set out hereunder the charges as framed in the two counts; they read:-

“Statement of Offence – 1st Count: conspiracy to commit a felony to wit, murder, contrary to Section 519 of the Criminal Code Law.

Particulars of Offence

Jimoh Ishola (alias Ejigbadero) on or about the 22nd day of August, 1975, at Alimosho village…conspired together with other person or persons unknown to commit a felony, to wit: Murder.