Folusho Oladele Vs The State (1993)

LawGlobal-Hub Lead Judgment Report

OLATAWURA, J.S.C. 

The appellant was charged with the murder of her daughter one Tomike Oladele contrary to S.316 (1) of the Criminal Code Law of Ondo State. This appeal raises once again the legal criteria for insanity. These are provided under section 28 of the Criminal Code Law of Ondo State to which I will refer later. Before considering these criteria, it will be appropriate to set down the facts on which the prosecution relied and also the events that led to this unfortunate case. The appellant got married to one Michael Oladele (P.W.3) in 1977 when she was about 20 years old. There were three children of the marriage: OLUWASEUN; CHRISTIANA and TOMIKE. It would appear that the marriage was not a happy one. It was not disclosed in evidence the cause of the breakdown of the marriage.

The appellant and her husband lived in Ondo town until she was sent packing by her husband in 1985. Before that time and according to the husband, the appellant, after the birth of Christiana, had a swollen breast and she was always weeping. The appellant was taken to her father (P.W.1) in Ise-Ekiti.

She was treated and she later joined her husband in Ondo town. She and the children lived with her husband. She later left and came back after one year to collect the children. In June 1985 the appellant returned to her husband with Tomike because Tomike was sick. The husband looked after Tomike and after she recovered he asked the appellant to return to her parents in Ise-Ekiti. The appellant said she would not go back to Ise-Ekiti until the other two children were on holidays in July of that year because she wanted to take them to Ise-Ekiti. He refused.

A complaint was made to the Welfare Office in Ondo. The Welfare Office advised that she should be allowed to take the children with her to Ise-Ekiti but that she should return them to their father after their holidays. It was eight days after she left that she came back with the children and told her husband that she had come to stay for good. Her husband asked her to leave the children with him and that she should return to her parents in Ise-Ekiti. It is better to quote him:

“I asked her to leave the children with me, whilst she should return to Ise-Ekiti and discuss with her father concerning her own arrangements whether to settle in Ise or some where else. She went back with the children.”

She actually went to her parents in Ise-Ekiti with the children. On 31st July 1985 her father, one Rufus Bejide (P.W.1) saw the appellant and the three children at Ajebamidele Camp. On enquiry by the father why she left her husband the appellant told her father that her husband (P.W.3) had ordered her and the children out of their matrimonial home. He advised her to return to her husband and on 1st August 1985 she went to the farm with her father. On 1st August after she had washed the children she and the children later went to bed. At 6a.m. on 2nd August, 1985 when her father woke up and could not find her in her room, he hailed on her. She answered across the road. He saw her and Seun, the first child. Apparently she had taken all of them with her. He asked for the other two children. 1st P. W. (the appellant’s father) continued his evidence as follows:

“She told me they were somewhere very far away. She then took to her heels and I called people to assist me in getting her arrested. She was running towards a school building in the camp. I asked Seun to remain and he did”.

The appellant was pursued and caught near a school building. The cry and agony of Christiana led to her own discovery in a nearby bush. She had matchet cuts on the right temple, on the leg and head. Christiana was rushed to the hospital and the search for Tomike continued. Tomike’s corpse was eventually found. She also had matchet cuts all over her body. It is better to restate again that P.W.1 is the father of the appellant. He gave the history of her life thus:

“The accused is given to being moody most of the time. In her early life at school it was the same condition of moodiness for her I used to treat her on native medicine. Whenever she fell in that sort of spell, she would look emaciated.”

Under cross-examination the father said:

“I was regularly applying native medicine on her before her marriage. I was also doing the same even after she was married. I believe she has the love for her children at heart because she washed them twice daily, in the morning and in the evening before going to bed.”

The prosecution called 3 policemen who investigated the case and closed the case for the prosecution. After the close of the case for the prosecution there in this record of one Mustapha Faserimi who was invited by the court:

“Court: At this stage Mr. Mustapha Faserimi, who admits putting the accused in a state of pregnancy, appears in court upon the court’s invitation. Says he is a native of Ilogbo. Says he started having intercourse with the accused from the beginning of November last year after her release on bail. Says the accused told him that her husband had sent her away from his matrimonial home and the case she had in court had been disposed of. Says the accused did not disclose to him the nature of the case she was having in court. Says the accused is about 4 months pregnant.”