Baby Justina Egbeyom V. The State (2000)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A.

The appellant as accused was arraigned upon an information before Ibadan High Court in Ibadan Judicial division of Oyo State High Court and charged with the murder of Mrs. Nike Oyebola on or about 18th May, 1993 at Ibadan, Ibadan Judicial division aforesaid contrary to and punishable under Section 319 of the Criminal Code Cap 30 Vol. II Laws of Oyo State of Nigeria 1978.

The matter proceeded to trial wherein in establishing its case the prosecution called seven witnesses. Upon completion of prosecution’s case learned counsel for the appellant made a submission of no case to answer. After a considered ruling the learned Trial Judge overruled the no case submission, thereafter appellant testified for herself and called a medical doctor as her witness.

Learned counsel to the appellant and the prosecution addressed the lower court after the completion of appellant’s defence each referred to legal authorities to buttress their submissions.

In a considered judgment delivered on the 31st day of January, 1996 the learned trial Judge convicted the appellant of the offence of murder of Mrs. Nike Oyebola on 18th May, 1993 and sentenced her to death by hanging. Being dissatisfied with the said judgment gave rise to lodgment of an appeal to this court. The conclusion of arguments, by appellant’s counsel and respondent’s counsel on 16th November, 1999 in this appeal gave rise to this judgment.

Originally appellant in her notice of appeal filed the omnibus criminal ground of appeal with leave of this court; she filed two additional ground of appeal as follows:

Ground 2:

The learned trial Judge erred in law in convicting the appellant on the charge of murder when the prosecution failed to call the Medical Doctor who attended to the deceased before her death to come and testify as to the cause of death.

Particulars of Errors:

(a) Although the prosecution is not duty bound to call all the witnesses through whom the cause of death could be determined.

(b) The cause of death was not proved beyond reasonable doubt in view of the failure of the prosecution to call the Medical Doctor that attended to the deceased before her death.

Ground 3

The charge of murder was not proved against the accused beyond reasonable doubt.

In the appellant’s brief of argument filed with the leave of this court on 7th May, 1999 appellant raised the under-mentioned as issues for determination in this appeal: