Holo Lanre V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Court of Appeal, sitting at Akure (Coram: Owoade, Danjuma and Abiriyi, JJCA), on 24th February, 2015 in the appeal No. CA/AK/60CA/2014, affirmed the conviction of, and sentence imposed on the Appellant for the offences of criminal conspiracy to murder, and the murder of one Adeoye Dowo (a hunch-back young man 19 years old). The said Adeoye Dowo (deceased) was until 13th January, 2012, living with his mother, Mrs. Lydia Dowo (the PW.1) a widow. The deceased slept in the same house with his mother the previous night. Early in the morning of 13th January, 2012, he went out to urinate and never returned to the house. The deceased, according to the PW.1, was an intimate friend of the 1st Accused who lived in the neighbourhood. The villagers alerted, started frantic search for the missing youngman. The PW.1 and the villagers went to the house of the 1st Accused, who was a tenant of the 2nd Accused (the Appellant herein). The 1st Accused was not found in his room or within the vicinity of his home.

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Upon the lead that the deceased was seen that morning with the 1st Accused, he (the 1st Accused) was arrested. On interrogation by the Police the 1st Accused, according to the PW.2 (a Police Officer), volunteered to take the Police and the villagers “to where the deceased was tied to a tree very close to Oniparaga village along Lagos/Ore expressway.” He led the team to the particular spot in the bush where the butchered corpse of the deceased was found. His hunch-back had been removed therefrom.

The 1st Accused, in his narration to the Police, mentioned the other persons (including the Appellant) who were party to the conspiracy and the murder of Adeoye Dowo (the deceased). The Appellant was arrested by the youths in Ore and brought to the Police Station at Ore.

The PW.3, an Inspector of police attached to the State C.I.D Headquarters, testified that he read over the 1st Accused’s confessional statement, in Exhibit A6, to the Appellant (the 2nd Accused) and that the Appellant, also confessing to the conspiracy to murder the deceased and the said murder of the deceased, further made Exhibit A7 voluntarily. PW.3 further testified that –

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The 1st Accused, followed by the 2nd Accused (herein the Appellant) led us to a bush about 1/2 kilometer to the Express (way). Because the corpse had been removed to the mortuary by the Police at Ore, the accused persons showed us a tree where Adeoye Dowo, male 19 Years old student of one Secondary School in Ago Alaye, was tied. They said after tying the deceased against the tree, the 1st accused person and Dayo Araromi left the Place to buy schnapps and cigarette while Lanre (the Appellant herein) and Olodu were left behind to watch over the deceased in the bush. When they came back, (they) together with Lanre (the Appellant) started hitting the boy with wood until he dropped dead and Dayo started cutting the hunch-back. After removing the hunch-back, it was put in one custard plastic.

This piece of evidence, hostile as it is to the case of the Appellant, and establishing prima facie the involvement of the Appellant in the alleged conspiracy to commit murder, and the murder of Adeoye Dowo (the deceased), was not in any way subjected to cross-examination either to challenge it or discredit the PW.3 on it. A principle of the law of evidence which now is firmly established in jurisprudence is that facts

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not disputed are taken as admitted and therefore need no further proof as they are no longer contentious: ODULAJA v. HADDAD (1973) 11 S.C 35; OGOLO v. FUBARA (2003) 11 N.W.L.R. (Pt. 831) 231. They are good and credible evidence that a Court of law can act or rely on, unless they are patently incredible: OKUPE v. IFEMEMBI (1974) 3 S.C. 97: OMOREGBE v. LAWANI(1980) 3 – 4 S.C. 109. The Appellant bears the duty of proving that a particular piece of evidence, especially an undisputed fact, is patently incredible and therefore unreliable. Until he discharged that burden an undisputed fact remains good and a credible fact the Court can act or rely on for any finding of fact.

The Appellant made two extra-judicial statements, Exhibits A5 and A7. Both are confessional and inculpatory. Exhibit A5, dated 17th January, 2012, to the PW.2, an Investigating Police Officer (I.P.O), was at page 23 of the record, tendered and admitted in evidence without objection. The statement is confessional and verily self-incriminating. The trial Court (Akeredolu, J., as she then was) relying on Exhibit A5 and other pieces of evidence particularly the testimonies of

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PW.2, PW.3, PW.4 and PW.s, after thorough evaluation of the totality of the evidence available, found (particularly from pages 107 to 112 of the Record) as of fact that the prosecution had proved beyond reasonable doubt the guilt of the Appellant, as the 2nd Accused, in respect of the offences of criminal conspiracy and murder preferred against him. He was accordingly sentenced to death. His appeal to the Lower Court, argued on four (4) issues, was dismissed in its entirety. The four (4) issues argued at the Lower Court were all issues of facts.