Akinola Olatunbosun V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The appellant, as accused person was charged before an Omuo Ekiti High Court on one count for Murder. The charged read:

STATEMENT OF OFFENCE

Murder contrary to section 319(1) of the Criminal Code Cap 30 Vol. II Laws of Ondo State of Nigeria 1978 as applicable in Ekiti.

PARTICULARS OF OFFENCE

Akinola Olatunbosun (M) on or about the 28th day of June, 2003 at All Christian Fellowship Ministry Church, Ode-Ekiti, in the Omuo Judicial Division murdered one Joy Faith Olubodun.

Jegede J presided. Trial commenced on the 29th day of June, 2006 and ended on the 21st day of August 2007 with closing speeches from counsel. Four witnesses testified for the state while the appellant in his testimony on oath admitted committing the offence. The following were admitted in evidence as exhibits:

1. Exhibit A-Cutlass.
2. Exhibit B – Piece of Wood.
3. Exhibit C – Postmortem Report.
4. Exhibit D – Statement of appellant.
5. Exhibits A1-A8 – Photographs of corpse.

In a considered judgment delivered on the 27th day of September, 2007 the learned trial judge found the appellant guilty of the offence of murder under section 316 of the Criminal Code and sentenced him to death by hanging pursuant to section 319 of the Criminal code.

The appellant filed an appeal. It came before the Ilorin Division of the Court of Appeal. There was a split decision, Agube, Nweze, JJCA delivered the majority judgment while Denton-West JCA dissented.

Affirming the decision of the trial High Court the majority decision of the Court of Appeal ran as follows:

“….Surely, the circumstances of the contemporaneous disappearance of the accused person and the child; the child’s subsequent mutilation and burial in a shallow grave etc were matters which called for explanation. The accused person supplied the explanations that inculpated him. The lower court rightly convicted him. I, hereby affirm the conviction and sentence of the appellant. This appeal has no merit.

It is hereby dismissed.”

This appeal is against that judgment. In accordance with Order 6 Rule 5(1)(a)(2) briefs were filed and exchanged. The appellants brief was filed on the 9th day of November, 2010, while the respondents brief was deemed filed on the 18th day of April, 2012.

Learned counsel for the appellant formulated three issues for determination. They are: