Eric Ojo Abisoye V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED ADEKUNLE DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Honourable Justice C.E.T Ajama J. of Ondo State High Court sitting at Akure Judicial Division delivered on 25th July, 2012 in charge No; HKA/2C/2007.

The Appellant was charged with two others for the offence of conspiracy to commit murder and murder contrary to Sections 324 and 319 of the Criminal Code Cap 30 Vol. 11 Laws of Ondo State 1978.

The case of the prosecution against the Appellant was that on or about 21st January 2004, the Appellant conspired with 2 others and murdered one Sumaila Salami, known as Alhaji by removing his heart for money ritual.

The Appellant on his part denied doing same. In proof of its case, the prosecution called four (4) witnesses and tendered Exhibits.

While the accused Appellant testified in his defence and called no witness. It was the case of the prosecution that the deceased was a motorcyclist (Okada rider) on hire purchase on the 19th January 2004, one Segun the owner of the motorcycle came to inform the deceased’s father that his son Alhaji disappeared with his motor bike and

is nowhere to be seen with his motorcycle for 2 days. According to his father as PW1, several efforts were made to find him but to no avail and as a result a case of missing person and a stolen motorcycle was reported to the police at Owo Police Station. While still looking for the deceased in order to know the position of the motorbike, one Fatai a welder informed him that he saw the deceased last with the 1st accused person; subsequently, they saw the 1st accused person riding the motorbike and wearing the shirt of the deceased at Oka.

They took him to Epinmi Police Station and later transferred to Owo Police Station. The 1st Accused told the Police that the deceased sold the machine to one Henry, the 3rd Accused person at the rate of N60,000 and he was a witness to it and that Alhaji had travelled to Lagos. He further stated that before he and Alhaji sold the motorcycle to Henry who later gave him to do Okada for him.

Eric Ojo the 2nd Accused person brought hammer and a blade to chafe the engine number of the motorcycle then he and Alhaji the deceased left home i.e. Owo for Oka Akoko but he did not know his where about. During the investigation the 2nd and

3rd accused person were later arrested. At the Owo Police Station, the 2nd accused/Appellant admits knowing Ayo and Henry but denied conspiring with them to steal the motorcycle. The case was later transferred to SCID, Akure for being case of suspected robbery and missing person.

?By the evidence of PW4 – Sergeant Felix Ologun, the investigating Police Officer, the 2nd accused Appellant confessed his role in the murder of the deceased which led them to the scene where they murdered the deceased. The 3rd accused persons confessed that the deceased, a motorcyclist was hired only to use his heart for a money making ritual, they poisoned the deceased in a cup of drinks and he became unconscious then they took him to a place near Osse River at Igbo-Iwoye; the deceased’s two hands were tied to the back; the 2nd accused/Appellant strangulated him to death.

His heart was then operated and removed. In proof of its case the prosecution tendered Exh. B, D & E among other Exhibits. PW3, Dr. Ajewole testified and tendered Exhibit ‘A’ – the Autopsy report. On the part of the Appellant he denied and gave evidence in his defence but did not call any witness.

On 25th July, 2012 the learned trial Judge delivered judgment in the case wherein he found the Appellant and two other accused persons guilty of conspiracy to commit murder and murder and convicted them accordingly.

Dissatisfied with the conviction and sentence, the Appellant at first filed a notice of Appeal on 3rd August, 2012 but later filed and relied on an Amended Notice of Appeal containing (8) grounds of Appeal filed on 3rd June, 2013.