Daso Oluwasiji v. The State (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YUSUF ALHAJI BASHIR, JCA (Delivering the leading judgment)

The appellant, Daso Oluwasiji was proceeded against along with four other persons before the High Court of Ondo State sitting in Akure Coram:- A. O. Odusola J. charge No. K/62C/2016, on a two count charge of:

(1) Conspiracy contrary to and punishable under section 516 of the Criminal Code Law of Ondo State 2006 and

(2) Kidnapping: – contrary to and punishable under section 3 of the Anti-kidnapping and Abduction Law of Ondo State 2010.

The offence was allegedly committed on the 18th day of October, 2015 at Araromi-Obu, when the appellant along with four co-defendants conspired together and armed themselves with dangerous weapons, kidnapped one Unikiere Eraikhuomen Adodo (Mrs) to an unknown destination and demanded ransom from her employers The Rubber Estate (Nig) Ltd.

At the end of the trial where the prosecution called a total of 6 witnesses in proof of the allegation against the appellant, and the other defendant the appellant on the other hand testified for himself and called no other witness in his defence. Consequently, the learned trial Judge sentenced the appellant to 7 years imprisonment with hard labour on the 1st count and Life imprisonment in respect of the second count of kidnapping. Both sentences to run concurrently: in a judgment delivered on 20th February, 2020.

The appellant, 5th defendant at the trial was aggrieved by this verdict so appealed to this hon. court on the 19th day of May, 2020 vide a notice of appeal containing 6 grounds of appeal filed at the registry of the lower court.

Record of appeal was transmitted on 18th August, 2020 deemed on 1st June, 2023. The appeal was heard on 1st day of June, 2023 on the appellants brief alone when it became obvious that the respondent has defaulted and continued to default in filing the respondents brief after proof of service of the appellants brief and their failure to honour hearing notices served on them earlier on.

Six issues were formulated on the appellants brief filed on the 13th September, 2021 namely:

i. Whether exhibits A A2 being computer print-outs tendered in evidence without the requisite certification is admissible in law. (Grounds 5).

ii. Whether the lower appellant can be convicted based on exhibits B, C-C1, D and E being the extra-judicial statement of co-defendants. (Ground 3).

iii. Whether the lower court having found that there is no evidence to show that the appellant and the co-defendants were responsible for the e-mails (i.e exhibits A-A2) was right when it speculated on facts that the appellant and the co-defendants were guilty of kidnap. (Ground 1).

iv. Whether the lower court was right when it conjecture the content of a forensic analysis/report not presented before the court in holding that the appellant and the co-defendants kidnapped the PW1. (Ground 6).

v. Whether the appellant without any evidence can be held to have kidnapped the PW1 when the PW1 maintained that she could not identify her kidnappers because they covered their faces. (Ground 4).