Joseph Idowu V. The State (2000)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C

This is an appeal against the judgment of the Court of Appeal (Ibadan Division) affirming the conviction for murder and sentence of death passed on the appellant by the High Court of Ogun State (Ijebu-Ode Judicial Division). The appellant had stood trial on a one count information for murder contrary to section 319(1) of the Criminal Code Law of Ogun State in that on or about the 7th day of July, 1991 at the Ogun State Forestry Camp J4 Ijebu Waterside, he murdered one Shade Pelemo. To this charge, the appellant pleaded “not guilty”. At the trial, five witnesses testified for the prosecution while the appellant gave evidence in his defence. Learned counsel for both the appellant and the prosecution addressed the court and, in a considered judgment, the learned trial Judge, on 3rd August 1992, found the appellant guilty as charged, convicted him of murder and sentenced him to death by hanging.

The appellant, being dissatisfied with this judgment appealed unsuccessfully to the Court of Appeal. He has now further appealed to this court upon two original and two additional grounds of appeal. The four grounds of appeal read:

“1. That the court erred in law to have believed that my relationship with the deceased killed her.

2. That the decision of the court was (the) harsh if at all her death was caused by my affairs with her. There was no intention to kill.
3. The Court of Appeal erred in law in its conclusion that the court of trial was justified in law in convicting the appellant on the confessional statements which the appellant retracted at the trial.

Particulars of Error

(i) There is nothing independent of the confessional statements Exhibits A and C indicative of the guilt of the appellant and;

(ii) The undisputed facts before the court negated the truth of the confessional statements.

(iii) The Court of Appeal in the circumstances erroneously endorsed the trial court’s wholehearted acceptance of the alleged confessions without applying the test in Nwaebonyi v. State (1994) 5 NWLR (Pt. 343) 138.

4. The Court of Appeal erred in law when it held that the prosecution had proved its case beyond reasonable doubt against the appellant.

Particulars of Error

(i) Exhibits A and C which were confessional statements retracted by the appellant and remained uncorroborated in the light of the evidence before the court.

(ii) The circumstantial evidence relied upon was not cogent and did not irresistibly point to the fact that the appellant was the culprit.

(iii) The medical evidence before the court was inconclusive.

(iv) In the circumstances, a real doubt as to the guilt of the appellant existed and ought to have been resolved in his favour.

The relief he seeks in this reads: