Deborah Adewole V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

The Appellant was charged along with one Kehinde Adisa in the Oyo State High Court, holden at Ibadan for the offence of conspiracy to murder.

They were said to have conspired to murder one Morufu Olaniyan and thereby committed an offence contrary to and punishable under Section 517 of the Criminal Code, Cap. 38 Vol. II, Laws of Oyo State of Nigeria, 2000. It should be pointed out that the said Kehinde Adisa was charged for the substantive offence of murder.

The case of the prosecution against the Appellant is that, on the 16th day of November, 2005, the Appellant and others including one Sunday Babalola, who are members of a Vigilante Group under the Chairmanship of one Alhaji Kolapo in the Isale Bode Area of Ibadan, Oyo State, went round the area to collect dues from residents. That when they came to the family house of Monsuru Olaniyan (deceased), a quarrel ensued between family members of the deceased and the Appellant due to the refusal of the said members to pay their dues.

That in the process the Appellant’s dress was torn, but with the intervention of the Vigilante Group Chairman, Alhaji Kolapo, peace was restored, as the chairman gave the deceased’s family an extension of time to pay the said dues, while promising to replace the Appellant’s torn dress.

It is also the case of the prosecution that, at about 11.30 pm of the said 16/11/2005, PW2, PW3, PW4, PW7 and PW8, who are all members of the deceased’s family, saw the appellant pointing at or showing the co-accused (Kehinde Adisa) the deceased’s family house. That after showing Kehinde Adisa the house, the Appellant requested the said Kehinde Adisa to “deal with them”. That between the hours of 1.00 – 2.00 am on the 17/11/2005, the said Kehinde Adisa came to the deceased’s family house and attacked them and in the process Monsuru Olaniyan (deceased) was shot with a gun and died shortly thereafter.

The Appellant’s version is that, she was a member of the vigilante committee charged with the responsibility of collecting dues. That at about 9.15 pm of that fateful day, a member of the Group, one Sunday Babalola complained that the vigilante guards were complaining that they have not been paid their wages. That upon receipt of the complaint, the Appellant, Islaka Olaniyan (a member of the deceased’s family), Baba Zainab in company of Sunday Babalola went round the houses of some of the contributing members to collect the dues, so that the guards will be paid, and that as a woman, the Appellant was allowed to enter and collect the dues from houses where the women were in purdah.

The Appellant stated further that, when she returned, she met a fight in the deceased’s house between her colleagues and some members of the deceased’s house hold who were in default of payment of the dues. That when they got to the deceased’s part of the family house, the deceased’s wife told them that the deceased was not at home, and proceeded to pounce on the Appellant on the ground that she did not like the manner the Appellant talked about her husband. In the process, the Appellant’s dress was torn and that it took the intervention of the chairman of the vigilante committee, before she could be let off.

The Appellant stated that she then went home. That shortly thereafter, the co-accused (Kehinde Adisa) who had, at that time reported for duty went to inquire from her what transpired, and that it was in the process of explaining to him that she pointed to the deceased’s family compound. The Appellant stated further that, she then went to bed immediately thereafter, but at about 1.40 am, she heard a gunshot and thought armed robbers had invaded the area. That at day break, her house was attacked so she had to run with her children to stay with her mother at Akuro Popoyemoja, and that it was after she returned to the area that she saw some women packing her properties to the deceased’s family house.

That her mother then advised her to report to the police and when she reported at Mapo Police Station, she was directed to the State C.I.D, where she was arrested and accused of conspiring to kill the deceased, Morufu Olaniyan.

At the trial, the prosecution called ten (10) witnesses and tendered some Exhibits including two guns and the extra-judicial statement of the Appellant. The Appellant testified in her defence, but called no other witness. At the close of evidence, counsel filed and exchanged written addresses which they adopted as their addresses on the 18/11/2011.

Thus, in a considered judgment delivered on the 3/2/2012, the learned trial judge found the Appellant guilty of conspiracy and sentenced her to seven years imprisonment with hard labour. It is against her conviction that the Appellant filed this appeal.

The Notice of Appeal which can be found at pages 120-125 of the Record of Appeal, was dated 09/4/2013 and filed the same day, pursuant to the order of this court made the 08/4/2013. The Notice of Appeal consists of four (4) Ground of Appeal, which are hereunder reproduced without their particulars as follows:

Ground 1