Abu Lamidi V. The State (2016)

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MOHAMMED AMBI-USI DANJUMA, J.C.A. 

This is an appeal against the judgment of Ondo State High Court sitting at Akure Judicial Division, delivered on 19th May, 2014.

The appellant was arraigned before the Court on one count charge of murder contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap 37, Vol. 1 Laws of Ondo State of Nigeria, 2006. Upon arraignment, the appellant pleaded not guilty to the one count charge. To prove the guilt of the appellant, the prosecution called 5 witnesses and tendered Exhibits ‘A’ – ‘A1’, ‘B’, ‘C’ (C1 and C2) and ‘D’. Exhibit A A1 are the extra-judicial statement of the appellant made at State CID, Akure. Exhibit B is the extra-judicial statement of the appellant made at ‘A’ Division Police Station, Owo Exhibit C, C1 and C2 are the photographs and negatives of the deceased. Exhibit D is the autopsy report of the deceased. The appellant gave evidence in his defence and called one witness.

STATEMENT OF FACT
The case for the prosecution was that the appellant and the deceased lived in the house of PW3 at Oshowe Camp via

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Owo. On the 4/8/2014, PW3 served both the appellant and the deceased food before they both went to the farm. The appellant returned from the farm alone, packed his belongings and left for an unknown place.

The deceased was not seen or found alive again. The appellant could not give a satisfactory account of the whereabout or what happened to the deceased on that 4/8/2014.

On the other hand, the appellant denied that he was a friend to the deceased and that he did not go to the bush the day the deceased disappeared. He stated that he did not know anything about the death of the deceased as he was in far away Okene Town in Kogi State when he heard the news that the deceased died, since he had left the camp some time before that 4/8/2014. At the close of trial, the learned trial judge convicted the appellant of murder as charged and sentenced him to death.

Dissatisfied with the conviction and sentence, the appellant appealed to this Court vide notice of appeal dated 8/8/2014 but filed 11/8/2014; containing 10 grounds of appeal.

In compliance with the Rules of this Court, Chief Henry Eshijonam Omu (Esq.) settled the

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appellant’s brief of argument which is undated but filed on 2/10/2012. From the 10 grounds of appeal, learned counsel raised four issues for determination of this appeal, thus:
1. Whether the prosecution proved its case beyond reasonable doubt against the appellant as to warrant the appellant’s conviction for killing Idowu Shaibu having regard to the totality of the evidence before the learned trial judge.
2. Whether the learned trial judge correctly applied the principles of law in his review and evaluation of evidence of both the prosecution and defence to justify his findings and conclusions.
3. Whether the learned trial judge was right to have admitted the appellant’s purported statement exhibit B and treated same as a confessional statement in spite of the fact that same was retracted by the appellant.
4. Whether the trial judge was right to have convicted the appellant when the prosecution failed to disprove the appellant’s ‘alibi’ of being far from the crime scene (in Okene) at the time of the incident.

A. O. Adeyemi-Tuki, Esq. Director of Public prosecution, Ondo State settled the respondent’s brief of argument dated

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