Jonah Lase V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This appeal arose from the decision of the Court of Appeal, Akure Judicial Division delivered on the 9th July, 2015, in Appeal No. CA/AK/97C/2014. In the appeal, the Court affirmed the conviction and sentence imposed on the appellant by the High Court of Akure presided over by Justice A. O. Odusola in suit No AK/34C/2013 delivered on the 20th March, 2014.

The brief facts of the case are, the appellant and one Olusegun Oboro (1st Accused) allegedly Kidnapped one Dada Rachel Akinboye (deceased) an Eighteen months old baby who was sleeping with her mother at lkorigho, Ondo State and handed her over to one Theophilus Friday (3rd Accused) who subsequently murdered the deceased and removed her body parts. The Ikorigho community consulted their local deity “Ogbaji” to fish out those responsible for the kidnap, the name of the appellant and other accused persons were mentioned, as responsible for the act. The community after arresting them handed them over to the Police.

At the Police Station, the appellant made a confessional statement which he later denied was voluntary.

After the trial within

1

trial, the trial Court admitted the statement as evidence

The appellant and the other two accused persons were charged with the following offences:-

COUNT 1

“Kidnapping, contrary to and Under Section 3 of the Ondo State Anti Kidnapping anti Abduction Law 2010.”

COUNT 2

“Murder, contrary to Section 316 and punishable under Section 319 of Criminal Code Laws of Ondo State 2006.”

After the plea of not guilty to the two counts charge, trial commenced on the 19th November 2013. The prosecution called a lone witness, while the appellant testified in his defence.

After the hearing, the appellant along with the other accused were convicted and sentenced to death on the two counts aforesaid.