Oluwatimilehin Ifaramoye V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A (Delivering the Leading Judgment)

The appellant alongside 3 (three) other accused persons were on the 17th of February, 2004 charged by way of information before the High Court of Ondo State sitting at Okitipupa on a one count charge of the murder of one Maria Joseph Erhiyore.

Statement of Offence

Murder: contrary to section 316(6) and punishable under section 319(1) of the Criminal Code Cap. 30 vol. 11 Laws of Ondo State of Nigeria, 1978.

Particulars of Offence

Ayodele Ikuemonihan, Francis Omosaye, Oluwatimilehin Ifaramoye, Sunday John on or about the 2nd day of June, 1995 at Ode-Erinje in the Okitipupa Judicial Division murdered one Maria Joseph Erhiyore (f).

On their arraignment while the 3rd accused herein the appellant and the 1st and 4th accused persons each pleaded not guilty the 2nd accused pleaded guilty to the charge. The case proceeded to trial in the course of which the prosecution called four (4) witnesses (PW1-PW4) while the appellant did not call any witness but testified on his own behalf. In all the prosecution tendered eight (8) exhibits marked A, A1, B-B1, C1-C2, D, D1, E and F-F5.

SUMMARY OF FACTS

The case for the prosecution at the trial was that on the 2nd of June, 1995 one Maria Joseph Erhiyore, a palm oil trader, left her house at Okitipupa with some empty palm oil kegs and the sum of N13,500 to go to the village of Ode-Erinje to purchase palm oil. The 1st accused who was to supply her with palm oil was to meet with her at the Community Bank in Ode-Erinje. Unknown to the said Maria Joseph Erhiyore hereinafter referred to as the deceased, the 1st accused (Ayodele Ikumonihan) had arranged with the other accused persons namely: Francis Omosaye (2nd accused person), Oluwatimilehin Ifaramoye (appellant herein) and Sunday John (4th accused) to dispossess her of her money without supplying her with palm oil.

Upon the arrival of the deceased at the Community Bank the 1st accused took her to the house of the 2nd accused seemingly for the sale of the palm oil. It was there that the four accused persons pounced on the deceased, tied up her hands and mouth and throat with rope and pieces of cloth. The deceased was raped in turn by each of the four accused persons and she died in the process.

Her sum of N13,500.00 was removed from her wrapper and shared amongst the four of them. The appellant got N4,000.00 as his own share. The deceased was subsequently thrown into a shallow pit toilet behind the house of the 2nd accused.

Following a report by the husband of the deceased and a search conducted by the police, the body of the deceased was found and exhumed. The accused persons including the appellant were later arrested in connection with the murder and apprehended before the trial court.

The appellant in his defence at the trial said that on that 2nd June, 1995 he was at Ugboran village assisting his mother with her farm work. He only returned to the village at about 5:00 p.m. and went to the house of a deceased relation. The next day at about 5:00 p.m. the town crier announced to the entire town that the king of the community had requested the presence of all at his palace. It was there that the king informed all and sundry of the missing deceased. The king directed that all should search for the deceased but that he went home and did not take part in the search. Later the corpse of the deceased was found.

On 20th June, 1995 he was arrested in connection with the death of the deceased. He denied involvement. He was forced to sign a statement under duress.