Adebayo Animashaun V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A.(Delivering the Leading Judgment)

The appellant at hand was the 1st of the five accused persons who were arraigned before the High Court of Lagos State Ikeja Judicial Division on the 10th April, 2002. They were all represented by counsel and each of them pleaded not guilty to the two counts charge of the offences alleged against them. The alleged offences are as follows:-

1st Count:

Statement of Offence

Conspiracy to commit a felony to wit: murder contrary to section 516 of the Criminal Code Cap.32 Laws, of Lagos State 1994.

Particulars of Offence

1. Adebayo Animashaun (M), 2 Gbeminiyi Adeyiga (m), 3. Mohammed Ajawesola (m), 4. Adekola Mustapha (m), 5. Ramoni Ayinla (m) on or about 26th October, 1999 in Ikorodu in Ikeja Judicial Division conspired together to commit a felony to wit murder.

2nd Count:

Statement of Offence

Particulars of Offence

1. Adebayo Animashaun (m), 2. Gbeminiyi Adeyiga (m), 3. Mohammed Ajawesola (m), 4. Adekola Mustapha (m), 5. Ramoni Ayinla (m) on or about 26th October 1999 at Agbala Shrine, Ikorodu in the Ikeja Judicial Division murdered one Juliet Ibadan.

They were therefore charged for conspiracy and substantive office of murder.

At the trial of the accused persons at the lower court, 4 witnesses in total testified on behalf of the prosecution while 6 witnesses inclusive of all the 5 accused persons testified for the defence.

In summary and per that stated on the record and as found by the learned trial judge of the case of the prosecution, on the night of the 26th October, 1999, the deceased and her husband, PW1, were apprehended on an allegation of spending alleged counterfeit 50 Naira note. The 1st accused person was in charge of the payment of salaries to members of the vigilante group inaugurated by the Oba of Ikorodu while 2nd accused was one of the co-ordinators or supervisors of the said vigilante group, 3rd accused was a night guard and herbalist with his shrine in Agbala Area of Ikorodu while 4th and 5th accused persons were leader and member respectively of the said vigilante group. That each of them got to the scene at various times and on the pre of taking the deceased and PW1 to the police station; that the accused persons and others now at large took them to a shrine owned by the 3rd accused with the aim of killing the two of them but PW1 managed to escape with gunshot wounds leaving behind the deceased who had been shot in his presence.

That in the morning of 27th October, 1999 PW1 reported to the police and assisted by PW3 an investigating police officer located the said shrine and in its surroundings found the severed head of the deceased in a freshly dug place where it was buried; a later search led to the discovery of the headless trunk in a disused well also in the vicinity of the said shrine. That out of the 22 people arrested, PW1 successfully identified the 5 accused persons and enumerated their various roles. The case was transferred to State Criminal Investigation Department, Panti where 3rd, 4th and 5th accused persons made their statements detailing what happened. Also the testimony of PW1, the deceased victim’s husband, the investigative findings of PW2, that of PW3, as well as the medical evidence of PW4, who performed the autopsy on the remains of the deceased were made available before the court.

Consequent upon the foregoing evidence by the prosecution and also that by the defence per their six witnesses inclusive of themselves, the lower court at page 156 of the record held thus and said:-