Ayodele Ikumonihan V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A (Delivering the Leading Judgment)

The appellant alongside 3 (three) other accused persons were on the 17th of February, 2004 charged by way of information before the High Court of Ondo State sitting at Okitipupa on a one court change of the murder of one Maria Joseph Erhiyore.

Statement of Offence

Murder: contrary to section 316 (6) and punishable under section 319 (1) of the criminal code cap. 30 vol. 11 Laws of Ondo State of Nigeria, 1978.

Particulars of Offence

Ayodele Ikuemonihan, Francis Omosaye, Oluwatimilehin Ifaramoye, Sunday John on or about the 2nd day of June, 1995 at Ode-Erinje in the Okitipupa Judicial Division murdered one Maria Joseph Erhiyore (f).

On their arraignment the 1st accused (herein the appellant), 3rd and the 4th accused persons each pleaded not guilty while the 2nd accused pleaded guilty to the charge. The case proceeded to trial in the course of which the prosecution called four (4) witnesses (PW1-PW4) while the appellant did not call any witness but testified on his own behalf. In all the prosecution tendered eight (8) exhibits marked A, A1, B-B1., C1-C2, D, D1, E and F-F5.

SUMMARY OF FACTS

The case for the prosecution at the trial was that on the 2nd of June, 1995 one Maria Joseph Erhiyore, a palm oil trader, left her house at Okitipupa with some empty palm oil kegs and the sum of N13, 500 to go to the village of Ode-Erinje to purchase palm oil. The appellant who was to supply her with palm oil was to meet with her at the Community Bank in Ode-Erinje. Unknown to the said Maria Joseph Erhiyore hereinafter referred to as the deceased, the appellant (Ayodele Ikumonihan) had pre-arranged with the other accused persons namely: Francis Omosaye (2nd accused person), Oluwatimilehin Ifaramoye (3rd accused) and Sunday John (4th accused) to dispossess her of her money without supplying her with palm oil.

Upon the arrival of the deceased at the Community Bank where the appellant was waiting for her, he took her to the house of the 2nd accused where four accused persons pounced on the deceased, tied up her hands and mouth and throat with rope and pieces of cloth. The accused persons including the appellant then took turn in raping the deceased until she died in the process. Her sum of N13,500 was removed and shared amongst the four accused persons. The appellant got N4,000 as his share. The deceased was subsequently buried by them in a shallow pit toilet behind the house of the 2nd accused.

It was following a report by the husband of the deceased and a search conducted by the police, that the body of the deceased was later found and exhumed. The accused persons including the appellant were later arrested in connection with the case and apprehended before the trial court.

The appellant who did not call any witness but testified on his own behalf denied knowing anything about what happened at Erinje on 2nd June, 1995. He claimed that a town crier was the one who announced that a woman who came to purchase palm oil was missing. The town crier announced to the entire town that the king of the community had requested the presence of all at his palace.

Consequently the king directed that all and sundry should search for the deceased. The appellant said that he participated in the search party organized by the community.

On 20th June, 1995 he was arrested in connection with the death of the deceased. He denied involvement in the murder of the deceased and said that he was made to sign a statement under duress.