Offishy Ogun V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the accused who was sentenced to death by hanging by Azinge on 15/6/2010 on conviction for the offence of murder by Azinge J of Delta State High Court. The prosecution opened its case on 17/7/2007 and closed it on 25/11/2008 before Osadebay-Akpononu J. (Mrs.).

On 20/1/09 the defence made no-case submission which was subsequently overruled by Azinge J on 17/3/2009. The accused later gave evidence after which the learned trial judge gave judgment and convicted him on 15/6/2010.

The prosecution in its case, called 3 prosecution witnesses – namely Mrs. Doris Seiyafa, senior sister to the deceased Chukwute Ogbodolu. She identified the corpse of the deceased; Francis Nkadi Nwachokor, a consultant pathologist who did the autopsy and Sergeant victor Dauladi Force No. 152980 who did the investigation.

It is significant to note that

(a) no eye witness was called as a witness and

(b) the 3rd PW, Sergeant Dauladi did not complete his evidence under cross-examination.

(c) The 3rd PW who tendered the statement of the accused was described by the trial judge as “a recalcitrant and undisciplined police IPO “whose altitude and conduct” is very irritating and offensive” to the court and smacks of gross force in very bad light. See pages 65- 66 of Record of Appeal.

(d) the learned trial Judge relied heavily on said statement deeming that it was corroborated by the evidence of PW2.

In her judgment the learned trial Judge found as follows on page 98 of Record.

“… I find and hold strongly that the prosecution has adduced enough evidence to prove the case of murder against the accused person beyond reasonable doubt. The accused is therefore found guilty of the offence of murder… and he is hereby convicted accordingly.”

Being dissatisfied with the judgment the appellant vide his Notice of Appeal filed on 16/8/2010 appealed to this court.

The grounds of appeal (shorn of the particulars) are:

”GROUND ONE