Adeniyi Aderogba v. The State (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JANE ESIENANWAN INYANG, JCA (Delivered the leading judgment)

This is an appeal against the judgment of the High Court of Osun State Coram O.A. Ojo (Chief Judge) delivered on 30th May, 2023.

The appellant, the 3rd defendant before the lower court was found guilty, convicted and sentenced to ten years imprisonment, death by hanging, life imprisonment, two years imprisonment on counts 1, 2, 3, 5, 7 and 8 preferred against him in a further amended charge filed on 10th June, 2022, in the Registry of the High Court of Osun State, by Mr. Femi Falana, SAN. The Counts pertain to:

a. Conspiracy to unlawfully kill one Timothy Adegoke contrary to and punishable under section 324 of the Criminal Code, Volume II, Cap 34, Laws of Osun State, 2002.

b. Unlawful killing of Timothy Adegoke contrary to and punishable under section 306 of the Criminal Code, Volume II, Cap 34, Laws of Osun State, 2002.

c. Unlawful killing of Timothy Adegoke contrary to and punishable under section 315 of the Criminal Code, Volume II, Cap 34, Laws of Osun State, 2002.

d. Acting in a manner of accessory after the fact of murder by dumping the body of late Timothy Adegoke alongside his laptop, phone and a bag containing his personal belongings with a view to cover up that Timothy Adegoke now deceased did not sleep in Hilton Honours Hotel, lle-lfe, Osun State contrary to and punishable under section 519 of the Criminal Code, Volume II, Cap 34, Laws of Osun State.

e. Conspiracy to improperly or indecently interfere with the dead body of Adegoke Timothy contrary and punishable under section 516 of the Criminal Code, Volume II Cap 34, Laws of Osun State, 2002.

f. Improper or indecent interference with, or the offer indignity to the dead body or remains of Adegoke Timothy contrary to and punishable under section 519 of the Criminal Code, Volume II, Cap 34, Laws of Osun State, 2002.

Aggrieved with the decision of the lower court, the appellant filed a notice of appeal on 15th June, 2023, in the Osogbo Registry of the lower court which was predicated on the following grounds:

Ground one.

‘The learned trial court erred in law when it convicted the appellant for the offence of conspiracy to commit the murder of Timothy Adegoke when the prosecution failed to lead any evidence to establish the commission of the offence and thereby occasioned a miscarriage of justice to the appellant.

Ground two

The learned trial court erred in law when it found the appellant guilty of unlawful killing of Timothy Adegoke and thereby occasioned a miscarriage of justice to the appellant.