Bolaji Oreno V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Delta State delivered by Hon. Justice M. Umukoro on 9/07/2012, wherein His Lordship convicted the appellant for murder and sentenced him to death by hanging. Below are the facts that led to this appeal:

The appellant- Bolaji Oreno was a regular customer to PW 2- Emmanuela Adorah. PW2 swore that on 11/12/2009, she left her groceries shop at No 3 Olu Palace Road, Warri with a small girl and went to the Bank. PW2 swore that she took stock of the things in her shop and headed for UBA off Airport Road, Warri.

About ten minutes later, she returned from the bank and discovered that the purse containing recharge cards, her ATM card and her wallet were missing. She enquired from the girl she left in the shop and the girl told her it was one “bros” that took it. She then headed to a native doctor’s at Agbarho, Sapele who pointed the appellant as the thief.

On the same day, PW2 saw the appellant and accused him of stealing the lost items. The appellant insisted that he did not steal anything. At about 8.30pm, the appellant went to PW2’s house and demanded that she take him to the diviner that suspected him of stealing her items. She said it was late and that she would take him to the diviner the next day and he left. She thereafter left her house to go to Rev. Agboire’s house to spend the night.

On 12/12/2009, at about 6:00 am, the appellant went to the said Rev. Agboire’s house with his mother and demanded that he be allowed to see PW2. PW4 swore that the appellant tried to enter his premise forcefully to go and meet PW2 inside the house. The appellant violently banged the iron protectors at the entrance to the Pastors’ apartment continuously. The deceased, PW4 and PW3 tried to stop the appellant from getting in. The Appellant was reported to have said if they did not allow him see PW2, “Blood will flow. Somebody will die”.

In the process of trying to get forceful entry into the house, the deceased tried to restrain the appellant and a scuffle ensued between the two. PW2, PW3 and PW4 swore that in the course of the scuffle, the appellant stabbed the deceased. The deceased was reported to have suddenly fell on the ground with blood gushing out of his neck and chest. The appellant fled. The deceased was rushed to the General Hospital where he was confirmed dead on arrival.

Appellant was charged for the murder of the deceased before the High Court of Justice holden at Warri. The prosecution called five witnesses thus:

PW1- Abraham Solomon, Pastor in Fire Generation Ministry, Kpeghe Bakery, Warri.

PW2- Emmanuella Adorah- complainant who accused the appellant of stealing her items PW3- Rev. Micheal Agboire- elder brother to the deceased.

PW4- Woman Inspector Amatsowa Irorere- the Investigating Police Officer.

PW5- Nwachokor Francis-Consultant pathologist at Central Hospital Warri.

The appellant testified in his own defence and called no witness.

The appellant raised the defences of provocation, self defence, intoxication and insanity at the lower court. Umukoro.l. in a judgment delivered on 09/07/2012, found the appellant guilty as charged and sentenced him to death by hanging.