Joseph Adelu V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivering the Leading Judgment)

The appeal is against the conviction and sentence to death of the appellant by the High Court of Justice of Ogun State holden at Ilaro for the murder of his uterine junior sister, one Dorcas Adelu, contrary to section 319(1) of the Criminal Code Law (Cap.29) Laws of Ogun State, 1978.

Concisely rendered, appellant was an apprentice barber under his first cousin at Odogbolu. On 19.7.03, appellant prevailed on his cousin to, take him home at Makuta Agada village via Idiroko. They arrived there on 22.7.03. Shortly after their arrival, appellant was seen brandishing a cutlass which forced people to run helter-skelter for safety.

The P.W. 4, appellant’s cousin, tried to wrest the cutlass from him. Appellant warned him to stay off. He persisted. Appellant struck him a cutlass blow on the head and ran into a nearby bush.

Appellant slipped from the bush into his father’s house where he dealt several mortal cutlass blows on his uterine junior sister who died from the cutlass blows on the way to hospital on the same day.

The court below relied on the one track evidence led by respondent to convict appellant as charged and sentenced him to death by hanging.

The notice of appeal with one original ground of appeal and two additional grounds challenged the judgment of the court below under two issues formulated there from by Mr. George M. Oguntade in the brief of argument prepared on behalf of the appellant to wit:

“(i) Whether the trial Judge was right in finding that there was no evidence on the record upon which the defence of insanity relied upon by the Appellant could be sustained?

(ii) Whether the defence of insanity as provided for by section 28 of the Criminal Code ought to have availed the Appellant?”

It was submitted on issue (i) (supra) that the testimonies of the P.W.2, P.W.3, P.W.4 and P.W.5 together with appellant’s statements to the police in Exhibits C and C1 contained material evidence grounding the defence of insanity in line with the cases of Abubakar v. The State (2005) 1 NCC 24 at 25; Okere v. The State (2003) CLR 2(d) and Loke v. The State (1985) 1 NWLR (pt.1) 9.

It was submitted on issue (ii) (supra) that the appellant’s defence came specifically under the second leg of section 28 of the Criminal Code on insane delusion as shown in his statements to the police in Exhibits and C1, therefore the court below should have upheld the said defence vide Guobadia v. the State (2004) 6 NWLR (Pt. 869) 81; Ejimina v. The State (1991) 6 NWLR (Pt. 200) 627 and section 28 (2) of the Criminal Code.

Respondent’s brief of argument settled by Mrs. Oduniyi, learned Director of public Prosecutions (D.P.P) of Ogun State, on behalf of the respondent, and was deemed filed on 13.12.10, in which one issue was formulated for determination on the appeal as follows:

“(i) whether from the totality of evidence adduced at the trial, the defence of insanity will avail the accused person/Appellant or not.”

It was canvassed in the respondent’s brief that the death of the deceased which was caused by appellant was proved beyond reasonable doubt on the evidence of the P.W.1 to the P.W.6 and appellant’s statements to the police in Exhibits C and C1 read with the cases of Musa v. The State (2009) 9 SCM 63 a t 75 and Uwagboe v. The State (2006) Q.C.C.R. Vol. 8 1 at 18-19; that by section 27 of the Criminal Code Law of Ogun State, appellant was presumed to be of sound mind as the time he murdered the deceased and the burden was on appellant to prove the contrary with credible evidence based on the balance of’ probability vide Edoh v. The State (2010) 6 SCM 52 at 73 – 73, 78 – 79, ANI v. The State (2001) 17 NWLR (Pt. 742) 411 at 427, Asanya v. The State (1991) 3 NWLR (Pt.180) 422 at 452 and 470; though appellant tendered no evidence in the court below, it none-the-less considered the defence of insanity on the evidence led by the respondent before it convicted appellant as charged vide Edoho (supra) at page 72.