Bashiru Popoola V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from a decision of the Court of Appeal, lbadan Judicial Division upholding the conviction of the appellant by an lbadan High Court for an offence against Section 319 of the Criminal Code.

For the sake of clarity, the section under which the appellant was charged and convicted may be set out as follows:-

That you Bashiru Popoola on or about 8 April, 2007 at Alakia Area, Egbeda lbadan murdered Solomon Adeyemi and thereby committed a Criminal Offence punishable under Section 319 of the Criminal Code Law Cap 38, Laws of Oyo State, 2000.

On 21 May, 2008, the appellant pleaded not guilty to a one count charge of murder contrary to Section 319 of the Criminal Code. lshola J. Presided.

In the course of trial, the prosecution called six witnesses. The appellant testified in his defence. He did not call any witness. A total of sixteen documents were tendered and admitted as exhibits, marked: Exhibits A B C D E F- F4 G3 ;H.

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Written addresses were adopted by both sides on 1 June 2016, and on 8 October, 2010, the learned trial judge found the appellant guilty as charged: the concluding part of the judgment reads:

In the result that I hold that the prosecution through credible evidence has proved its case against the accused person beyond reasonable doubt. I hereby find the accused person guilty of the murder of Solomon Adeyemi and he is accordingly convicted.”

Dissatisfied with the judgment of the trial Court the appellant lodged an appeal. It was heard by the Ibadan Division of the Court of Appeal. That Court affirmed the conviction and sentence of death passed on the appellant by the trial Court. The concluding paragraph of the judgment of the Court of Appeal reads:

“l am satisfied that the trial judge was right in his judgment in finding the appellant guilty of the murder of the deceased. I hereby affirm the judgment and therefore dismiss the appeal.”

This appeal is against that judgment. Briefs of argument were filed and exchanged by counsel.

Learned counsel for the appellant filed an appellants brief

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