Lateef Shofolahan V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of Hon. Justice M. A. Dada of the High Court of Justice, Lagos State on the 30th of January, 2012, wherein he convicted the Appellant on a two count charge of conspiracy to murder and murder of Alhaja Kudirat Abiola and was consequently sentenced to death.

FACTS

The Appellant had been charged with one Mohammed Rabo Lawal, Major Hamza Al-Mustapha on a two count charge of conspiracy to commit murder and murder of Late Alhaja Kudirat Abiola, wife of Late M.K.O. Abiola on the 4th of June, 1996.

Mohammed Rabo Lawal was discharged on a no case submission. The Appellant had worked as Protocol Officer under the Hope 93 Campaign Organization established by the Social Democratic Party for the actualization of the presidential ambition of Late M.K.O. Abiola.

When the presidential election of June 12th was annulled, Hope 93 Campaign Organisation was disbanded and the Appellant went back to his usual business.

At the trial three witnesses were called. They are PW1, PW2 and PW3.

At the close of the case for the Prosecution, the Appellant denied the charge. That he did not meet PW2 and PW3 at the National Theatre Iganmu, Lagos. He met PW2 for the 1st time at the Special Investigation Panel. The Appellant is dissatisfied with the decision of the lower Court.

The Appellant filed his brief of argument on the 28th of March, 2013 with four issues for determination predicated on a Notice of Appeal filed on the 27th of April, 2012, and containing eighteen Grounds of Appeal – pages 1924-1928 of the Record of Appeal Volume 4. The Brief of Argument is settled by Olalekan Ojo Esq. He proffered three issues for determination of this appeal.

The three issues for determination are:

(1) “Whether or not the learned trial Judge was right in law in treating the contents of the 2nd Appellant’s statement admitted as Exhibit A6 as true and relying on the said Exhibit A6 to convict the 2nd Appellant when the evidence of the 2nd Appellant is a retraction of the contents of Exhibit A4 without subjecting the said Exhibit A6 to the six tests laid down in the case of R V SKYES (1931) 8 C.A.R. Pg. 233 at 236.”

(Issue distilled from Grounds 7 and 8 of the Record of Appeal).

(2) “Whether or not the learned trial Judge was right in holding that the 2nd appellant was working in the house of Late Chief M.K.O. Abiola as Protocol Officer to Alhaja Kudirat Abiola between 1994 and 1996 and that it was one Sarkin Shasa that took the 2nd Appellant to the 1st Appellant in Abuja in 1995 when the 1st Appellant was the Chief Security Officer to the Late General Sanni Abacha.”

(This Issue is distilled from Ground 9 of the Notice of Appeal)