Ganiyu Olatokunbo Oladiran V. The State (1986)

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KAZEEM, J.S.C. 

The appellant was charged with the murder of his wife, one Modupe Ajuah Oladiran under Section 254 of the Criminal Code, Cap.28 of the Laws of Western Nigeria (applicable in Oyo State), and was convicted by Ogundere J. at the High Court of Justice, Ibadan on 25th August, 1983. He was then sentenced to death.

The facts leading to the conviction are straight-forward. Apparently, since the marriage of the appellant and his wife – the deceased – in 1980, the situation in their matrimonial home had not been quite peaceful. There had been allegations of infidelity and bickering by both parties which had been taken to their parents-in-laws for settlement.

Particularly, the deceased had always accused the appellant of showing immoral interest in their maid, a girl of about 13 or 14 years of age; and that he was bringing other women to the matrimonial home in her absence. On the other hand, the appellant had also accused the deceased of smoking cigarette which he disliked, and of going to places without his permission.

These accusations got to a head on the 21st September, 1982 when the appellant again reported the deceased to her parents; and the matter was again settled for them at about 10 p.m. that night. Nevertheless, the appellant refused to take his wife home; and after he left, the deceased’s father with another friend took her to the appellant’s house. On reaching there, they found that the appellant had locked the door of the flat. However, after some persuation by his landlord, the appellant opened the door for them.

The matter was again discussed by those present including the appellant’s landlord; and it was apparently settled once more. The deceased’s father then left for his own house. Shortly thereafter, an alarm was raised and the deceased was found by the appellant’s landlord sprawling on the concrete floor of their flat with bruises on her head. She was then rushed to a private hospital, but she died on the way. There was no eyewitness as to what happened before the deceased was found by their landlord with bruises on her head.

However, in a statement made to the police by the appellant, Exh. P3, he had these to say:-

“At this point I got fed up with everything in life and wanted to end my life that night. In fact I could not control myself. I did not know what I was doing. About ten minutes when the father left, I went to the yard to find what I could use. I found a club and it was then that I remembered that I had a knife which I bought on Sunday, September 19th……. then I decided to take my last food on earth. So I requested for tea, To God who made me, I did not have the intention of killing her but wanted to know why I was going to commit suicide, so I stabbed her once or so and she ran out. I started stabbing myself and hitting my head with the club so that my head would be fractured. When I saw my intestine coming out and blood rushing from my head, I thought death would come in time. In order that I would die in time, I took the car key and started driving subconsciously I think to Ring Road where I with intent and with a high speed hit the roundabout, and that when I die and she is alive, she would realise the damage she had done to my life.”

Moreover, early in the morning of September 22nd 1982, the wreckage of the appellant’s Passat car was found by the police at around Ring Road in Ibadan. The appellant was also found at the Spot with several injuries and a punctured stomach. He was subsequently rushed to Adeoyo Hospital, Ibadan.

During the investigation of the case, the-police on searching the appellant’s premises, found therein a blood-stained dagger or knife, and a cudgel which were tendered as Exhs. P1 and P2. Another knife tendered and marked as Exh. P6 was also found by the police in the appellant’s car. At the post-mortem examination of the deceased’s corpse, the Chief Consultant Pathologist made the following findings:-

“The body was that of a young female adult. There was a gaping stab wound on the right chest wall, just below the right breast 11cm from the midline and overlying the space between the 6th and 7th rib. There was a second lacerated wound on the forehead 4cm. There was a third lacerated wound on the scalp 4cm. The edges of the wounds were clean out and straight. On internal examination the chest wound perforated the cest wall and also perforated the pericadium the covering membrane of the heart. There was an accumulation of blood and blood clot in the pericadium. The cause of death in my opinion was due to the injury to the heart which was consistent with one inflicted by a sharp object.”

At the trial, the appellant in his defence retracted some portions of what he said in his statement – Exh. P3. He denied stabbing the deceased intentionally and he said that he had to do it only in self defence, after he was provoked. As to the events of 21st September, 1982 he inter-alia testified thus:-

“During the abuses and curses (by the father-in-law) I intervened. It was at this time that he wanted to assault me, those around restrained him. I was frightened by his statement and confused: When he was about to leave, I asked him to take his child, my wife away. On hearing this, he wanted to assault me again at last he left. So about few minutes later, I wanted to eat and sleep. I told my wife to prepare food for me, she refused, and said that I should go to my second wife, the maid of 12-14 years old and that henceforth, the maid would be preparing food for me. She started abusing me and referred to what her father had said. At this point, there was a fight. When she noticed that I was getting the upper hand, she seized the knife on the table and with a very fast movement, she stabbed me in the stomach. I fell down. She wanted to stab me again.

I seized the knife in her hand. I was totally confused. I had to stab her in return so she ran out of the apartment. I did not know when I took the car key and where I was driving to.”