David Uche Ideh V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALUMJE, J.S.C. 

The Appellant herein, was arraigned before the Ogun State High Court holden at Abeokuta on the 1st of July 2015 on a one count charge of murder contrary to Section 316 and punishable under Section 319 of the Criminal Law of Ogun State.

The particulars of the offence are that on or about the 28th of March, 2014, at Block 11, Flat B, Laderin Estate, Abeokuta, the Appellant murdered Olufunmilayo Timeyin, a retired Chief Magistrate of the Ogun State Judiciary. Appellant pleaded not guilty to the charge. In order to prove its case, the prosecution called nine witnesses and closed its case. The appellant then as an accused testified in his defence and did not call additional witness. Learned Counsel for the respective parties addressed the Court. In a reserved and considered judgment delivered on the 15th July 2015, Akinyemi J. found the appellant guilty as charged and sentenced him to death by hanging by the neck until he be dead.

The Appellant’s appeal to the Court of Appeal, Ibadan Division was on the 30th June, 2016 dismissed. He has now brought this appeal.

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Appellant’s notice of appeal at pages 203-206 of the printed record of this appeal, filed on the 25th July, 2016 contains two grounds of appeal.

Parties filed and exchanged briefs of argument. Mr. Ajibola Dalley, Learned Counsel for the Appellant distilled one issue for determination of this appeal at page 13 of the Appellant’s brief of argument filed on the 6th of January, 2017 as follows:-

“Whether the Learned Justices of the lower Court ought to have dismissed the appeal against the refusal by the Learned trial Judge, to permit the psychological evaluation of the Appellant at the instance of the Appellant’s Counsel bearing in mind that it amounts to a breached (Sic) of established procedures under Sections 223 and 224 of the Criminal Procedure Law of Ogun State 2006 and a violation of the Appellant’s Fundamental Right to Fair Hearing enshrined under Section 36(6)(b) and 36(6)(d) of the Constitution of the Federal Republic of Nigeria 1999, as amended.”

According to the Learned Counsel this lengthy and not so well formulated issue is distilled from the 1st and 2nd grounds of appeal.

Dr. Olumide Ayeni, Learned Attorney General of Ogun

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State, who settled the Respondent’s brief of argument also formulated one issue for determination of this appeal which I reproduce hereunder as follows: –

“Whether the Learned Justices of the Court of Appeal correctly found the trial Court’s decision to refuse Appellant’s Counsel’s application for psychiatric examination of the Appellant as not in violation of the Appellant’s right to fair hearing or any other right in the entire circumstances of the case.”

Before I delve into the consideration of Learned Counsel’s argument in support of the issue they have each formulated, I wish to set out albeit in brief, the facts of this case which are straightforward and simple. The Appellant was employed as a house help by the deceased who was living in her house with her husband Lawrence Oluwole Timeyin and her Son Olumide Timeyin. On the 19th of March, 2014 when the deceased, her husband and her son had gone out, the Appellant who was now alone in the house, used a cutlass to break open the doors to the rooms of the deceased and her son and stole various items which include jewelries, wrist watch, phones, dresses and other sundry items. He packed