Owolabi Kolade Vs The State (2017)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appeal herein is against the judgment of the Court of Appeal, Ibadan Division delivered on the 18th day of May, 2015 wherein the Court affirmed the conviction and sentence of the appellant to death by hanging. The High Court of Ogun State, Ilaro Division condemned the appellant herein for murder of his father Kolade Olaleye on 3/12/11. The appellant was arraigned on a one count charge of murder.

Being dissatisfied with the affirmation of the said conviction and Sentence by the lower Court the appellant has now appealed to this Court.

In the judgment appealed from, the facts show that the appellant, while his father slept, strangled him by holding him by the neck.

THE BRIEF STATEMENT OF THE FACTS

The facts of this case as testified by the prosecution witnesses at the trial Court are that on or about the 3rd day of December, 2011, the PW1 in this case was on his way to his father’s (deceased) house when he saw the appellant (who is also the PW1’s brother) on the deceaseds motorcycle. The appellant informed the PW1 that the deceased had died. When

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the PW1 got to where the deceased was, he noticed marks on the neck of the deceased. The PW1 then went to inform some others of the incident. The PW1 was later informed that the appellant had carried the deceased’s corpse and that the appellant had been arrested by immigration officers.

The appellant confessed to the murder of the deceased. The case was reported to the police and an autopsy was carried out on the deceaseds corpse.

The PW2 was the doctor who examined the corpse of the deceased at General hospital, Ilaro while PW3 named Corporal Oyelakin Segun was the Divisional I.P.O who recorded the statement of the appellant at the divisional police station and admitted in evidence as exhibits B and B1. The statement of the appellant recorded also by the PW4 woman Sergeant Philomena Imhanrio was admitted as exhibits D and E. The said exhibits D and E were however disregarded by the learned trial Judge.

The appellant on his part testified in his defence and denied the charge. In his evidence he stated that he was not with the deceased on the night that he (the deceased) died. Appellant said he slept at his maternal grand-mother’s house in

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another village on the night of the incident.

The appellant was found guilty and sentenced to death by the trial Court. His appeal before the lower Court was also dismissed and hence the appeal now before us.