Lawrence Akhigbe v. The State (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

This appeal emanated from the judgment of the Court of Appeal, Lagos Judicial Division, delivered on the 17th day of March, 2017, in appeal No: CA/L/815B/2013.

The lower court, in its decision dismissed the appeal of the appellant herein against the decision of the High Court of Lagos State, in suit No: LCD/22/05, delivered on the 3rd day of June, 2013; wherein, the trial court entered judgment in favour of the respondent herein.

The appellant was subsequently convicted and sentenced to death by hanging for the offence of murder contrary to section 316 of Criminal Code, Law of Lagos State, 2003. (See pages 149 -169 of the record of appeal).

The facts of this case are summarized thus:

The case of the respondent at the trial court was that the appellant, a Security Guard, with others held the deceased, one Mr. Olamilekan Hassan, that he was a thief upon which they tied the deceased and shot him to death with a gun along Ikare/Balogun Kuku Street, Lagos, where the 1st accused, Anthony Boyewu and the other watchmen who were employed by the Odua Peoples’ Congress (OPC) were at all the material times keeping security in the night of 19th day of February, 2004.

The appellant’s case was that the deceased was a terror in the neighbourhood but that he was not responsible for his death, as he was a security guard employed by the Landlords Association of Odogbolu and Ijewere Street Aguda, Surulere, to keep night watch in the area.

That in the night of the 18th February, 2004, some hoodlums fired sporadically in their area and across to Ikare/Balogun Kuku Street, and after the shooting, some people gathered in front of the Bungalow of the PW1 and when he went there, the PW1 introduced himself as the father of the deceased lying on the ground.

The appellant was arraigned before the trial court on a one-count charge of murder alongside with two (2) others.

Following the plea of not guilty by the appellant with the co-accused persons, the trial Court gave a full-scale trial and determination of the case.

The respondent/prosecution called five (5) witnesses, PW1 – PW5, and tendered five (5) exhibits i.e. exhibits A – E. The respondent/ prosecution closed his case and thereafter, the accused persons made a No-Case Submission. The trial court on the 15th July, 2009, overruled the No-Case Submission and ordered them to enter their defence.

In defence of their case, the three accused persons including the appellant testified in person, as DW4, DW5 and DW6 with three (3) other witnesses who testified for them. In its judgment, the trial court found the three accused persons guilty, convicted and sentenced them to death by hanging.

The appellant was dissatisfied with the judgment of the trial court. On the 21st day of June, 2013, the appellant appealed to the lower court. Subsequently, the appellant filed an amended notice of appeal on the 5th day of February, 2015, wherein the appeal of the appellant was anchored.

The appeal was duly heard by the lower court, and in a judgment, delivered on the 17th March, 2017, the lower court dismissed the appeal and affirmed the judgment of the trial court. (See pages 220 – 233 of the record of appeal).