Alli Dogo V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

HON. JUSTICE NWALI SYLVESTER NGWUTA, J.S.C

Before the Ibadan Judicial Division of the High Court of Justice of Oyo State the appellant was charged with murder contrary to, and punishable under, S.319 of the Criminal Code Cap. 30 Vol. II Laws of Oyo State of Nigeria 2000.

The particulars of the offence read thus:

“Alli Dogo ‘M’ on or about the 8th day of May 2003 at Adeojo Estate, Old Ife Road, Ibadan in the Ibadan Judicial Division, unlawfully killed one Engineer Isiaka Lawal.”

The prosecution opened its case on 20th July 2005, called two witnesses and rested. The defence opened its case on 13th February 2006, called the accused (now appellant) as DW1 and closed its case.

Learned Counsel for the parties addressed the Court. In its judgment delivered on 22nd June 2005 the trial Court reviewed all the relevant materials before it and concluded thus:

“In the circumstances, from the totality of the evidence before me, I am satisfied that the accused person shot Engineer Isiaka Abiodun Lawal at the right middle part of the back on the 18th of May 2003 at Adeojo Estate Old Ife Road, Ibadan. I therefore find the accused person guilty of the offence of murder and I convict him accordingly.”

See p.49 of the record.

Appellant took exception to the judgment against him and appealed same to the Court of Appeal Ibadan on three grounds. Subsequently, with leave of Court, two additional grounds of appeal were filed; bringing the number of grounds of appeal to five from which three issues were distilled for determination by the Court below.

The court below resolved all the three issues against the appellant and concluded thus:

“Finally, the appeal lacks merit and it is accordingly dismissed. The judgment of the lower Court in Suit No. 1/47/04 delivered on the 22nd of June 2006 is hereby affirmed.”

See page 140 of the record.

On further appeal to this Court, appellant challenged the judgment of the court below on five grounds, hereunder reproduced, shorn of particulars:

GROUNDS OF APPEAL