Francis Omasaye V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A.A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellant was the 2nd accused in charge HOK/1C/96 between THE STATE V. AYODELE IKUMONIHAN & 3 OTHERS tried by the High court of Ondo State, Okitipupa Judicial Division initially presided over by HON. JUSTICE OBAREMO. The appellant and his co-accused persons were charged with the offence of murder. Following the retirement of Obaremo, J; the case was heard de novo by HON. JUSTICE P.I. ODUNWO. When the information was read end explained to each of the 4 accused persons by the clerk of the trial court, each of the accused persons, save the appellant, pleaded not guilty.

The appellant pleaded guilty. After satisfying himself that the appellant was “a person of very sound mind and he quite knows and appreciates the implications of his plea of guilt”, the learned trial Judge called upon the prosecution to state the facts of the case. The prosecution stated the facts which were interpreted in Yoruba Language to the appellant. The appellant admitted the facts and further admitted his guilt of the offence charged.

The facts as explained by the learned prosecuting counsel – Mrs. Uche Anansoh-Anabuyi (PLO, Ondo State Ministry of Justice) were that the deceased – Maria Joseph Erhiyorie was, until her death, an oil palm dealer and that the 1st accused arranged to supply her some kegs of palm oil. Accordingly, on 2/6/95, the deceased left her house with some empty kegs and the sum of N13, 500.00K to meet the 1st accused as previously agreed. That the 1st accused took the deceased to the appellant’s house where the appellant and the other two accused persons – Oluwatimilehin Ifaranmaye and Sunday John were already waiting for them.

In the appellant’s house, the 4 accused persons pounced on the deceased, tied her hands with ropes and covered her mouth and throat with cloths. The deceased was raped in turns by each of the 4 accused persons and she died in the process. The accused persons removed the N13, 500.00 with the deceased and shared the money among themselves. The deceased was subsequently buried in a shallow pit toilet behind the appellant’s house.

Upon the admission of the facts given by the prosecution, the learned trial Judge immediately entered judgment whereby the appellant was convicted of the offence of murder and he was, accordingly, sentenced to death on the 17th day of February, 2004.

This appeal is against the conviction and sentence of the appellant by the trial court. The appellant filed a notice of appeal containing only the omnibus ground, namely. “That the decision of the High Court is unreasonable and cannot be supported having regard (to) the weight of evidence”. With leave of this court granted on the 6th day of November, 2006 the appellant filed an amended notice of appeal on the 15th of November, 2006 containing the following three grounds:

GROUND ONE

The learned trial judge erred in law when he delivered his judgment after the Appellant pleaded guilty to the charge and then convicted the Appellant of the offence and sentenced him to death without any further hearing on the charge.

PARTICULARS OF ERROR

a. The guilty plea of the Appellant is in law a “not guilty” plea as he faced capital punishment.

b. There was no full trial of the offence on the information.

c. The appellant cannot be convicted on his plea of guilty without any plenary trial.

GROUND TWO