Kamaru Yusuf & Anor V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

These two appeals – SC.166/2012 and SC.168/2012 have the same substratum. They emanate from a single trial on the information No. KWS/17C/2008 at the High Court of Kwara State, sitting at Ilorin. Kamaru Yusuf is the Appellant in the appeal No. SC.166/2012; while the Appellant in the appeal No. SC.168/2012 is Adebisi Adesakin. At the Lower Court they were, respectively, the Appellants in the appeals Nos. CA/IL/C.1/2011 and CA/IL/C.52/2011. Judgments in both appeals, dismissing their separate appeals, were delivered on 15th March, 2012: hence, these further appeals.

The Appellants were tried jointly at the trial Court (Halima Suleman, J. Presiding) on information alleging in the four count charge:

COUNT ONE

That you, Kamaru Yusuf (m) Adebisi Adesakin (m) and Salihu Oyewale (m) on or about the 27th day of August 2007 at Ekosin (a village in Osun State) agreed to cause to be done by the duo of Kamaru Yusuf and Adebisi Adesakin an illegal act at Irra Kwara State within the jurisdiction of this Honourable Court, to wit to kidnap for money making rituals one Omobolanle Moses and

1

that the same act was done in pursuance of the agreement, and that you thereby committed an offence punishable under Section 97 of the Penal Code.

COUNT TWO

That you, Kamaru Yusuf (m) Adebisi Adesakin(m) on or about the 27th day of August 2007 at Irra within the jurisdiction of this Honourable Court, did commit an illegal act, to wit you agreed to murder for money making rituals one Omobolanle Moses, 8 years old female child, and the same act was done in pursuance of the agreement, and you thereby committed an offence punishable under Section 97 of the Penal Code.

COUNT THREE

That you, Kamaru Yusuf (m) Adebisi Adesakin (m) on or about the 27th day of August 2007 at Irra Oyun Local Government Area Kwara State within the jurisdiction of this Honourable Court, did commit an illegal act to wit, you kidnapped one Omobolanle Moses an 8 year old female child in order that the said Omobolanle Moses might be killed and her head be used for money making rituals and that you thereby committed an offence punishable under Section 274 of the Penal Code.

COUNT FOUR

That you, Kamaru Yusuf (m) Adebisi Adesakin (m) on or

2