Ogundare Ojo Peter V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 13/3/2014 by the High Court of Ekiti State, Ado-Ekiti Judicial Division presided over by Hon. Justice O.I.O. Ogunyemi (hereafter to be simply referred to as “the Lower Court” and learned trial Judge” respectively) convicting the Appellant and two others for the offence of Conspiracy to Murder and the offence of Murder and sentencing each of them to death by hanging for the said offences.

The Appellant and two others, in an Information dated 17/5/2012 were charged with the offences of Armed Robbery and Murder. The first two Counts relate to armed robberies which Appellant and the two others charged along with him, allegedly committed on different dates in relation to two different persons. The third Count relates to the offence of Conspiracy to Murder one Olufowobi Segun on or about 20/7/2011 by Appellant and the two others charged along with him.

The fourth Count relates to the offence of Murder of Olufowobi Segun allegedly committed on or about 20/7/2011 by the Appellant and the two other persons charged along with him. The prosecution adduced oral evidence through witnesses and also tendered documentary evidence in the proof of its case. Each of the accused persons testified in his own behalf and called no other witness.

The learned trial Judge, after evaluating the oral and documentary evidence before the Lower Court and having had the benefit of the addresses of the accused persons and the prosecution respectively, discharged and acquitted the Appellant in respect of the offences of Armed Robbery in Counts 1 and 2; while he found each of the two other persons charged along with Appellant guilty as charged and duly sentenced them to death by hanging.

The learned trial Judge also found each of the Appellant and the two others charged along with him in Counts 3 and 4, guilty as charged and sentenced each of them to death by hanging.

The Appellant being dissatisfied with his conviction and sentence appealed against same to this Court vide a Notice of Appeal dated 13/3/2014 and filed on 17/3/2014. The Notice of Appeal contained only the omnibus ground of appeal in criminal appeals. An amended Notice of Appeal dated 3/2/2015 was filed on same date pursuant to the order of this Court made on the same date. The amended Notice of Appeal contains three grounds of appeal.

The appeal was entertained on 15/6/2015 parties having filed and exchanged and also regularised the position of their respective briefs of argument. Appellant’s brief of argument is dated 3/2/2015 and filed on 6/3/2015; while Appellant’s reply brief is dated 22/5/2015 and filed on 2/6/2015. The two briefs of argument were settled by Olaotan Ajose-Adeogun. O. Ajose-Adeogun leading B.T. Oluwole Esq. duly adopted and relied on Appellant’s briefs of argument in urging this Court to allow the appeal; set aside the judgment of the Lower Court and discharge and acquit the Appellant.

The brief of argument of the Respondent is dated 5/5/2015 and filed same date but deemed to have been properly filed and served on 7/5/2015. The brief of argument in question settled by the learned Attorney-General of Ekiti State (hereafter simply referred to as “learned A-G”) and four other Law Officers, the Director of Public Prosecutions of Ekiti State, being one of them. Learned A-G duly adopted and relied on the Respondent’s brief of argument in urging this Court to dismiss the appeal.

I consider it expedient to set out the grounds of appeal of the Appellant together with their respective particulars. They read thus: –

“GROUND 1

That the decision of the High Court is unreasonable and cannot be supported having regard to the weight of evidence.

GROUND 2

The learned trial judge misdirected himself and erred in law when he found the Appellant guilty as charged for the offences to wit Conspiracy to Murder contrary to Section 324 of the Criminal Code Act, Cap C38 Vol. 14 Laws of the Federation of Nigeria, and Murder contrary to Section 316 of the Criminal Code Act Cap C38 Vol. 14 Laws of the Federation of Nigeria when both charges were not proved by the prosecution beyond reasonable doubt as envisaged by law.