Ganiyu Lawal & Ors. V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ogun State High Court of Justice sitting at Ilaro delivered on the 6th of May 2009 in suit No.HCT/9c/2002.

Appellants were arraigned on a two count charge of conspiracy to commit murder and murder contrary to sections 324 and 316 (3) punishable under Section 319 (1) of the Criminal Code Law Cap 29 Laws of Ogun State of Nigeria 1978.

The trial initially started at Ota Judicial Division before the learned trial Judge was transferred to Ilaro where the judgment was delivered. The prosecution called two witnesses and tendered five exhibits in discharging the burden placed upon it by law. At the close of the prosecution’s case, Appellants gave evidence in their defence. Thereafter, both the prosecution and the defence counsel addressed the court. In a well considered judgment delivered by the trial Judge, the Appellants were found guilty and convicted as charged on the two counts and were sentenced to death by hanging.

Dissatisfied with the court’s judgment, Appellants lodged separate notices of appeal to this Court.

The prosecution’s case is that on the 15th day of July 2000, 1st Appellant went to call the deceased Maria Adeniji a.k.a Iya Ibeji from her house to work for the Appellants as a labour hand at a block making site. Later in the day, the said Iya Ibeji failed to return home, thus causing the husband P.W.1 to embark on a search party with other members of their community. They followed it up with a report to the police wherein the woman was declared missing. It was also stated by the prosecution that the Appellants after having sex with the deceased in turns later cut off her head and her private parts including her breasts. They later buried her in a grave around the site. P.W.2 who was the investigating police officer gave evidence of how the 1st Appellant led his team to Saki where the head of the deceased was recovered in the 1st accused person’s room in a box in Saki. He also tendered the confessional statements of all the Appellants as exhibits A, C, D and E in the matter.

(1) Whether the entire proceedings and the trial that led to the conviction and sentence of the 1st and 2nd nullity in view of the breach of section Procedure Law of Ogun State and Section Constitution of the Federal Republic of Nigeria.

(2) Whether there is any legally admissible evidence led at the trial to justify the conviction and sentence of the 1st and 2nd Appellants by the lower court.

3rd and 4th Respondants formulated three issues as follows:-

(1) Whether the entire proceedings in the trial court in which the 3rd and 4th Appellants were convicted and sentenced to death for the murder of one Maria Adeniji alias “Iya lbeji” on or about the 15th day of July 2000 were null and void having been conducted in breach of the provisions of Section 215 of the Criminal Procedure Law of Ogun State and Section 36(6)(a) of the 1999 Constitution (Ground 3 of the Amended Notice of Appeal).

(2) Whether there was any evidence on record which linked the 3rd accused person to the charge before the trial court (Ground 4 of the Amended Notice of Appeal).

(3) Whether there was any evidence upon which the trial court could convict the 3rd and 4th accused persons.

The Respondent in its brief identified the following issues for determination:

(1) whether the trial of the Appellants was in breach of the provision of section 215 of the criminal procedure Law of Ogun State and Section 36(6) of the 1999 Constitution of Nigeria.