Akinlolu Omojola V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice F. O. Aguda-Taiwo sitting at Ore Judicial Division of Ondo State High Court, delivered on the 5th of August, 2010 and contained in suit No HOR/14c/2005.

The accused herein the appellant and two other persons, Segun Akinsuwa and Ayo Omoduyilemi stood charged at the High Court on a two count charge of conspiracy to commit murder contrary to and punishable under sections 516 of the Criminal Code cap. 30, volume 11, Laws of Ondo state of Nigeria, 1978 and Murder contrary to and punishable under section 319(1) of the criminal code cap. 30, Vol. 11, Laws of Ondo State of Nigeria, 1978.

The appellant and the other two accused persons were arraigned before the Honourable trial Court on the 26th February, 2007. The appellant and the other two accused persons pleaded not guilty to the offences charged against them.

Almost at the close of the trial, the court was informed that the 3rd accused person Ayo Omoduyilemi had been released by the Chief Judge of the State based upon the recommendation of the Committee on Administration of Criminal Justice. His name was subsequently struck out of the case.

It was the case of the prosecution (herein the respondent) that the appellant and two other accused persons Segun Akinsuwa and Ayo Omoduyilemi, on or about the 5th day of June, 2003 conspired together to kill one Mrs. Selifat Rahman (a.k.a Mama Lekan) after raping her. This is contained on page 35 of the record. The appellant on his part denied doing same. He claimed that on the said day, he was at Asejire Village between 8.am and 7pm.

He denied knowing the deceased, let alone anything about her death. He denied knowing the other accused person except the 3rd accused person whom he according to him met at the Police Station, Ore for the first time. He later admitted under Cross-Examination that the 3rd accused person’s father married his Senior Sister. His oral evidence in court vary or does not align with his confessional statement in which he admitted being part of three accused persons who conspired to rape and terminate the life of the deceased.

In an attempt to prove their respective cases, the prosecution herein the respondent called four (4) witnesses, while the appellant alone testified in his defence. The respondent herein tendered ten (10) exhibits and ID 1 – 9. In a considered Judgment delivered on the 5th August, 2010 the accused persons, appellant herein and Segun Akinsuwa were found guilty of the offences in counts 1 and 2 for which they were charged and were sentenced to death by hanging. The Trial Judge also made a recommendation to the A. G. through the DPP of Ondo State Ministry of Justice for the re-arrest and the prosecution of Ayo Omoduyilemi of the charges against him.

Being dissatisfied with his conviction and sentence to death, the appellant has appealed vide his Notice of Appeal dated 25th August, 2010 and filed on the 28th of November, 2010.

The appellant, through his counsel filed an amended notice of appeal dated 4th of September, 2012 and filed on the 18th of September, 2012 containing five (5) grounds of appeal.

Learned Counsel for the appellant filed additional grounds of appeal dated 4th September, 2012 and filed 4th December, 2012 containing grounds 2, 3, 4, 5, 6 and 7 of the grounds of appeal and from which counsel distilled three (3) issues for the determination of this appeal to wit:

1. Whether the guilt of the appellant was established beyond reasonable doubt as laid down by law before he was convicted for murder
2. Whether the guilt of the appellant was established beyond reasonable doubt as laid down by law before he was convicted for conspiracy to murder.
3. Whether the Learned Trial Judge evaluated or properly evaluated the evidence before finding the appellant guilty and if not did not her failure to do so occasion a miscarriage of Justice

Learned Counsel for the appellant filed a Motion on Notice dated 8/03/2013 supported by an affidavit, contending that time within which the respondent ought to have filed brief of argument had lapsed and thus, asking the court to hear and determine this appeal solely on the appellant’s brief of argument.

Appellant’s brief of argument is dated 18th January, 2013 filed on the 21st of January, 2013 and it was adopted on the 7th of May, 2014.

By a motion on notice dated and filed 13/05/13 learned Counsel for the Appellant/Applicant prays this Honourable Court for an extension of time to file Records of Appeal the respondent’s Counsel Mrs. A. O. Adeyemi Tuki filed a notice of intention not to contest the application. The appellant’s record of appeal filed on 9/12/2011 was deemed on the 19/03/2014.