Azeez Okoro V. The State (1998)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C. 

In this appeal, the appellant questions the affirmation, by the Court of Appeal, of his conviction for murder and the sentence of death passed on him by the High Court of Lagos State.

The appellant, the deceased (Rafiu Ikoyi) and PW.1 (Jimoh Oseni) were brothers, the appellant being the eldest of the three. Relations between P.W.1., and the appellant’s wife had not been cordial. On 13th July 1984 the family effected a settlement between them. It would appear; however, that appellant’s wife was not quite satisfied. For when on 14th July P.W.1 visited the appellant at his Ifatedo village residence, the latter informed the former that his wife was not yet satisfied with the settlement and advised PW1 not to come to the family house for the time being. The appellant lived in the family house at Ifatedo village. P.W.1 retorted that he could not be precluded from coming to the family house and went into a room in the house where he slept on a mat on the floor in the room. The deceased, a brother, slept on the bed in the room. PW 1 was aroused from sleep by three hefty men who came into the room accompanied by the appellant. The three men pounced on PW 1 and gave him a beating. A fight ensued which woke up the deceased. On waking up, the deceased saw what was going on and questioned (in a loud voice) the appellant why he brought thugs into the house to beat PW 1. The deceased tried to separate the fight. This annoyed the appellant who then went into his room and brought out a gun. From the corridor of the house, appellant shot into the room where the deceased was trying to rescue PW 1 from the three men who were beating and stabbing him with knife. The deceased was hit and gave a loud cry. The three men on seeing what happened ran away. PW1 reported the incident at the police station, Elere.

The police came to the house with PW I but found the premises locked up; the appellant was no where to be seen. A search was made for the appellant but unsuccessfully. The police returned to their station. On the following day the police called at the house again in company of PW 1 but still found the premises locked up. This time, the police broke in and found the deceased dead on the floor. The police conveyed the corpse first to their station and later to the hospital mortuary where a post mortem examination was performed on it by PW2, Dr. Koley. The doctor found a gun-shot wound on the body and damages to the internal organs as a result of the wound. He opined that death was caused by the laceration of the spleen and liver coupled with internal haemorrhage.

PW3, Police Sergeant Olaposi Akinola who was assigned to investigate the charge of murder against the appellant obtained a statement, under caution, from him on 27/12/84. PW3 visited the scene of crime on 29/12/84 in company of the appellant. A search of the house was made but nothing was recovered. On 14/5/85 the appellant made a second statement to the witness to the effect that nothing was recovered from his house. Both statements were tendered and admitted in evidence. Cross-examined, PW3 testified that he went with the appellant to look for one Baba Ahmed mentioned by the appellant in his first statement to the witness (Exh. C). At the instance of defence counsel, the statement made by the appellant’s wife Alhaja Taibatu was tendered in evidence as Exhibit E even though the latter was not called to testify by either side.

P.W.4. L/Cpl Cosmos Eke of Elere Police Station was the officer to whom P.W.1 on 14/7/84 lodged his complaint of murder against the appellant and who visited the scene both on 14/7/84 and 15/7/84. On 28/7/84 he arrested the appellant and, at Elere Police Station, obtained a statement from him under caution (Exh. G). The case was later transferred to the CID where PW3 took over investigation.

In Exh. C1, the English translation of his statement to the police, the appellant gave the following account of what happened on the fateful day:

“On the 14.7.84 Oseni Jimoh came to Ifatedo village via old Agbado and I asked for my money from him. The whole money is N2,000.00 but I only asked for N200.00 out of the money. He said which money I asked from him and said the money which he had used to repair his motorcycle. I said it was good like that as you know that I am not well and you know that I have a bad leg and my leg did not allow me to go anywhere. On the sport (sic) there, he gripped me by the neck against the wall and fell me down. He then gripped my neck against the grand (sic) and started beating. Rafiu Suberu, Alhaja Taibatu and Morufu Mabayoje did not allow him to kill me. As they managed dragged him on top of me, I started going to the police station but when I got to Alagbado I was unable to go further because of my leg. I asked people to find me vehicle to convey me to Elere then Iya Alaro told me that I should not go and report to the police that which day we returned from one police station. There the son of the woman came out called Baba Amedi and asked me whether there was something I supposed to give him and I failed to give him and I said no.

Then Baba Amedi asked three men to accompany me to our village to go and settle the matter for us when I reached home. I did not meet Alhaja but I met Oseni Jimoh and Rafiu Suberu sleeping. Then one of the three men woke Jimoh and he stood up. Then he was asked the cause or our fight. He said, I used a charmed ring in beating him. And the people told him that I can not do so. Then he told him (sic) that they should not tell him nonsense and slapped one of them. There fight started. Jimoh then told Ratiu to fire at them that they are thieves. There Rafiu went and carried a dane gun and fired one of the three men. That one fell, and Rafiu went to (me) load the dane gun by then I was at the entrance of the house. As Ratiu turned, Jimoh fired and met Ratiu at the back. Jimoh wanted to fire (me) before he fired at Ratiu.

He did so before and one double barrel dane gun seised (sic) from him.

The dane gun is at Elere with Mr. Olaleye Rafiu did not offend Jimoh wanted to kill me and inherit (sic) my properties because I am childless. I was not the person that killed Ratiu. Jimoh killed Rafiu.

In the house where the incident occurred is made of four rooms and a shop. I did not know the actual name of Baba Amedi. I did not know the names of the three men that accompanied me to Ifatedo. Rafiu killed one of the three men accompanied with dane gun, then the other two men unfired removed the corpse of their person to Baba Amedi’s house our family did not settle any quarrel for my wife and Jimoh on 14/7/84. I did not ask Jimoh not to come to our village again because of my wife. I did not know where Baba Amedi is working. After the incident I ran to the family of my mother at Abeokuta I was not the person that locked Ratiu inside room it might be my wife after he had died and I ran (sic) away.”

He testified in his defence at the trial. His evidence run thus:

“On 14.7.84 about 3.30 p.m. PW2 (sic) came to Ifatedo. He came in and greeted me. He met my mother-in-law. He went to my wife’s shop to sit About 5 minutes after I got up as I was not well with back ache and pain in my legs.