Bidemi Ajagbe v. The State (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWABUNKEONYE ONWOSI, JCA (Delivering the leading judgment)

This appeal is against the judgment of the High Court of Justice, Ogun State, sitting at Ilaro, delivered by Honorable Justice N. O. Durojaiye on the 8th day of June, 2020, in suit No: HCT/28C/2018, wherein judgment was entered and the appellant was found guilty on the one count charge preferred against him and was convicted on the one count charge accordingly. Dissatisfied with the decision, the appellant filed an amended notice of appeal on the 7th day of July, 2022, in which the appellant set out 4 (four) grounds of appeal.

The facts that led to this appeal can be summarized briefly: The appellant was the defendant at the trial court, the appellant was charged on a one count charge of committing murder contrary to section 316 and punishable under section 319 of the Criminal Code Law, Law of Ogun State, 2006.

The appellant was arraigned before the trial court, during the arraignment, the appellant pleaded not guilty to the offence. During trial, the prosecution led evidence by calling three (3) witnesses (PW1, PW2 and PW3), the prosecution tendered three (3) exhibits which were the knife alleged used in killing the deceased as exhibit A, and the extra-judicial statement of the appellant as exhibits B and C.

On the other hand, at the close of the prosecution’s case the appellant testified solely and did not call any other witness to give evidence.

At the end of the trial, counsel adopted their final written addresses on 11th day of May, 2020 and the judgment was delivered on the 8th day of June, 2020. The appellant being dissatisfied with the said judgment filed the present appeal against same.

Pursuant to the rules of the court, counsel filed and exchanged their briefs of arguments which were adopted at the hearing of the appeal. The appellant’s brief of argument was filed on 27th day of May, 2022, and same was settled by Temilolu Adamolekun, Esq.

The appellant formulated a lone issue for determination to wit:

“Whether the respondent was able to prove beyond reasonable doubt, the offence of murder against the appellant, by the totality of evidence adduced.

The respondents brief of argument was filed on 27th day of October, 2022, and same was settled by A. M. Adebayo, Esq.

The respondent formulated a lone issue for determination to wit;

Whether from the totality of the evidence adduced at the trial, the respondent proved the charge of murder against the appellant beyond reasonable doubt in accordance with section 135 of the Evidence Act, No. 18 of 2011.

The appellants reply brief was filed on the 5th day of December, 2022, the reply brief was settled by Temilolu Adamolekun, Esq.

Appellant’s submission to the lone issue