Shina Oketaolegun V The State (2015)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This is an appeal against the Judgment of Court of Appeal Ibadan Division delivered on the 14th day of April, 2008. The Appellant herein was arrested along with one Kingsley Omoregie on the grounds that they murdered one Engineer Samuel Fakoya. They were accordingly arraigned before the High Court of Ogun State sitting at Ijebu-Ode, presided over by Hon. Justice Ibikunle Adesalu on a two count charge of Conspiracy to commit murder and murder contrary to Section S.325 and 316(2) and punishable under Section 319(1) of the Criminal Code Law cap 29 Laws of Ogun State of Nigeria 1978. The charge reads thus:

STATEMENT OF OFFENCE:

COUNT 1:

CONSPIRACY TO MURDER contrary to Section 324 of the Criminal Code Law (Cap.29) Laws of Ogun State of Nigeria, 1978.

PARTICULARS OF OFFENCE:

KINGSLEY OMOREGIE (M) and SHINA OKETAOLEGUN (M) on or about the 27th day of August, 2002 at Ikoto-Ijebu in the Ijebu-Ode Judicial Division conspired to murder one Engineer Samuel Fakoya.

STATEMENT OF OFFENCE:

COUNT II:

Murder, contrary to Section 316 (2) and punishable under Section 319 (1) of the Criminal Code Law (Cap.29) Laws of Ogun State of Nigeria, 1978.

PARTICULARS OF OFFENCE

KINGSLEY OMOREGIE (M) and SHINA OKETAOLEGUN (M) on or about the 27th day of August, 2002 at Ikoto-Ijebu in the Ijebu-Ode Judicial Division murdered on (sic) Engineer Samuel Fakoya.”

To prove the charge, at the trial High Court, against the accused, the prosecution called 5 witnesses and tendered Exhibits, namely a yellow marine rope, two knives and Medical Report.

The evidence adduced at the trial by the prosecution revealed that on 24/8/2002 at about 3:30pm, Kingsley Omoregie, the 1st accused, who was an employee of the deceased went to the deceased’s house in company of the Appellant herein. He saw PW1, a school teacher who lived with the deceased, sitting under a tree in the compound. His suspicion was aroused as to the mission of the 1st accused and he had to call the vigilante men, on his return he met the door of the main house locked. He used a ladder to get to the balcony where he saw the 1st accused in the sitting room on sighting him, the 1st accused ran into one of the rooms, took to his heels and disappeared. PW1 shouted and when he called the deceased but he received no response. On getting down the stairs he saw the deceased in a sitting posture with his two hands tied to the railings of the steps with blood on his head and three deep wounds on his chest and abdomen. PW1 untied the deceased and rushed him to a nearby hospital and later transferred him to Ogun State University Teaching Hospital, Shagamu, where he died. The vigilante men whom PW1 had earlier sought for their assistance surrounded the deceased’s house and arrested the accused persons and handed them over to the police. The investigating police officer, one Goddy Osuyi, who testified as PW3, told the court that he recovered the marine rope, which was tendered as Exhibit ‘B’, and two knives marked as Exhibits ‘C’ and C1 and, the Medical Report from the Medical Doctor, who performed the post – mortem examination on the deceased, Exhibit D.