Muritala Oladapo V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice J. O. Bada of the Osun State High Court of Justice delivered on 28th day of February, 2005 as he then was. The Appellant as an accused person was arraigned at the Osun State High Court of Justice, holden at Osogbo, Osun State on the 13th day of March, 2003 for the offence of murder contrary to S.319 of the Criminal Code cap 30 vol. II Laws of Oyo State, 1978 as applicable to Osun State. The statement of offence and its particulars are contained at page 4 of the record of proceedings.

Upon his arraignment on the said date the charge was read to the Appellant who pleaded not guilty to the said charge and trial commenced therein. The prosecution called six (6) witnesses while the Appellant testified for the defence. See pages 22-37 of the record of proceedings.

At the conclusion of the trial, the learned trial judge delivered his judgment convicted the Appellant for murder as charged and sentenced him to death. See pages 40 – 51 of the records of proceedings.

The Appellant being dissatisfied with the judgment of the learned trial judge filed a Notice of Appeal to this court.

The parties filed and exchanged their respective briefs in this appeal. The Appellant in his Brief of Argument dated and filed on 7/7/2009 formulated two (2) issues for determination as follows:

(i) Whether the conviction of the Appellant for the offence of murder by the learned trial judge on the basis of Exhibit “D” (a post mortem result) as well as Exhibit “E” and “EI” (retracted confessional statements of the Appellant) is sustainable in view of the improper evaluation of the aforementioned Exhibits by the Court.

(ii) Whether the prosecution proved the charge of murder against the Appellant beyond reasonable doubt as required by S.138 of the Evidence Act.

The Respondent in their own Brief of Argument dated 30th day of November, 2009 but filed on 1st December, 2009 adopted the issues as identified by the Appellant but captured in a more concise form as follows:

(i) Whether the prosecution proved the charge of murder against the Appellant beyond reasonable doubt as required by Section 138 of Evidence Act.

(ii) Whether Exhibits “D”, “E” and “E1” were properly evaluated and relied upon by the lower court.

The issues as identified by the parties in this appeal are the same; there is just interplay of semantics. In the consideration of this appeal, this court will adopt the issues as couched by the Appellant for being encompassing. Therefore, the issues for determination in this appeal are:

(i) Whether the conviction of the Appellant for the offence of murder by the Learned trial judge on the basis of Exhibit “D” (a post mortem result) as well as Exhibit “E” and “E1” (retracted confessional statements of the Appellant) is sustainable in view of the Improper evaluation of the aforementioned Exhibits by the Court.

(ii) Whether the prosecution proved the charge of murder against the Appellant beyond reasonable doubt as required by S.138 of the Evidence Act.