Mukaila Salawu V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Justice M.A.A Abass of the Oyo State High Court of Justice delivered on the 14tn day of July, 2005. The appellant along with three other accused persons were charged before the Oyo State High Court of Justice, Ogbomoso judicial Division for the offences of conspiracy to commit felony to wit murder and murder of one Raji Tiamiyu, a traffic warden then serving in Ogbomoso who was kidnapped from his duty post before he was eventually assassinated contrary to sections 324 and 319 of the criminal code, Cap 30. Vol. II, Laws of Oyo State, 1978 (now cap 38 volume II, Laws of Oyo State 2000).

For clarity the two count charges read as follows:

STATEMENT OF OFFENCE

“Conspiracy to commit felony to wit: murder contrary to section 324 of the Criminal Code, Cap. 30, Vol. II Laws of Oyo State of Nigeria, 1978.

PARTICULARS OF OFFENCE

Taiwo Oladejo (m), Waheed Balogun (m), Mukaila Salawu (m), Alawoye Olawuyi (m) on or about the 27th day of November, 2002 at Takie area, Ogbomoso in Ogbomoso Judicial Division did conspire together to murder Raji Tiamiyu.

STATEMENT OF OFFENCE

Murder contrary to Section 319 of the Criminal Code, Cap. 30 Volume II, Laws of Oyo State of Nigeria, 1978

PARTICULARS OF OFFENCE

Taiwo Oladejo ‘m’ Waheed Balogun ‘m’ Mukaila Salawu ‘m’ Alawoye Olawuyi ‘m’ on or about the 27th day of November, 2002 at Odo-Oba Area, Ogbomoso in the Ogbomoso Judicial Division did murder Raji Tiamiyu.”

The case proceeded to trial. The four accused persons pleaded not guilty to both charges. The prosecution called seven (7) witnesses and tendered Exhibits 1 to 15B, while the four accused persons gave evidence in their defence and called no other witness. Appellant was 3rd accused before the lower court.

The case for the prosecution was that the accused persons in company of other persons now at large who are members of the Odua People’s Congress, (OPC) on the 27th of November, 2002, kidnapped one Raji Tiamiyu, who was a Police Traffic warden from around Takie area in Ogbomoso and took him in a taxi cab to somewhere around Odo-Oba ara in the out skirt of Ogbomoso town where he was killed after which he was set on fire. It was the case of the prosecution that the alleged killing of the deceased was done by the accused persons and others now at large who are members of OPC in retaliation of an earlier killing in Ogbomoso town of a member of the OPC the previous day i.e. 26th November, 2002 by the Police during a gun battle between the police and the O.P.C.

At the close of defence case all counsel addressed the court. After evaluating the evidence adduced by both prosecution and the defence, the learned trial judge convicted the 1st, 2nd and 3rd accused persons now appellant for the offences of conspiracy to commit felony to wit: murder contrary to section 324 of the criminal code and murder contrary to and punishable under section 319 of the criminal code, cap 30 vol. II, Laws of Oyo state of Nigeria, 1978. They were sentenced to 10 years imprisonment each with Hard Labour on the 1st count of conspiracy and on the 2nd count of murder they were sentenced to death by hanging. While 4th accused was discharged and acquitted. See pages 157-201 of the record.