Daniel Itodo V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the judgment of Hon. Justice P. I. Odunwo of the Ondo State High Court sitting at Ikare, Akokjo Judicial Division delivered 4th June, 2008 and convicting the accused person hereinafter referred to as the appellant for murder.

At the trial court the appellant was charged with the murder of one Ehe Samuel Simeon on or about the 21st day of September, 2001 at Igboji Camp. Irun in the Ikare-Akoko Judicial Division contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap 30 Vol. 11, Laws of Ondo State, 1978.

STATEMENT OF FACTS

In the course of the trial, seven witnesses testified for the prosecution and tendered Exhibits A, B, C, D and ID1-5 respectively while the appellant alone testified in his own defence and without tendering any exhibit.

The case for the prosecution was that on 21st September, 2001, the appellant went to the camp of one James Simeon and swore to him that he was going to do something that day. James Simeon wanted to know what but the appellant never disclosed it to him.

The appellant was later seen sharpening his cutlass before he headed for the deceased’s camp where he inflicted multiple injuries on the deceased and which resulted in her instant death. The cry of the child of the deceased that the appellant had killed his mother attracted one of their neighbours. The deceased’ brother went to ask the appellant why he killed his sister and the appellant threatened to kill him too.

On the part of the accused/appellant his case at the trial court was that he went to the bathroom to take his bath when suddenly James Simon (brother to the deceased) came and inflicted several matchete injuries on him. He fainted and only regained consciousness in hospital with his hands in chain.

At the close of hearing the learned trial Judge ordered for the filing and exchange of written addresses by counsel on both sides. On the 4th of June, 2008 and in a considered judgment the learned trial Judge found the appellant guilty of murder as charged and accordingly sentenced him to death by hanging.

Not satisfied with the conviction of the trial court, the appellant has appealed to this court vide a notice of appeal amended pursuant to the leave of court granted 31st May, 2012.

At the hearing of the appeal on 13th November, 2013, the appellant’s brief of argument dated and filed 10th July, 2013 and settled by TUNDE ADEOYE, ESQ. was adopted as their argument in this appeal. They urged the court to allow the appeal and set aside the conviction and sentence pronounced on the appellant by the trial court.

The respondent’s brief of argument settled by MRS. G. A. OLOWOPOROKU, (Deputy Director of Public Prosecutions) Ministry of Justice, Akure, which brief is dated 16th October, 2012, filed 18th October, 2012 but deemed properly filed 29th November, 2012 was adopted as the respondent’s argument in this appeal. They urged on us to dismiss the appeal and uphold the appellant’s conviction and sentence to death.

The appellant distilled 4 (four) issues for the determination of the appeal and the issues read:

i. Whether the trial court was not in error by admitting and relying on hearsay evidence in convicting the appellant despite the court’s finding that none of the witnesses called by the prosecution is an eye witness.