Ojo Esseyin V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellant herein was arraigned before the High Court of Kogi State, holden at Lokoja, on a two counts charge of rape and culpable homicide punishable with death under Sections 283 and 221 (a) of the Penal Code respectively.

In order to prove its case, the prosecution called four witnesses and tendered in evidence the following items:-

1. Pictures taken at the scene of crime
2. Negatives of the Pictures
3. Coroner Form including medical report
4. Cautionary statement of the Appellant

These items were admitted in evidence and marked Exhibits A,B,C and D respectively.

At the end of the trial and in a reserved and considered judgment delivered on the 19th December, 2013; the appellant was acquitted and discharged from the first count of rape, but was found guilty in respect of the second count of culpable homicide punishable with death under Section 221(a) of the Penal Code and he was accordingly convicted and sentenced to death by hanging. Appellant’s appeal against the conviction and sentence to the Court of Appeal

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was dismissed on the 24th of April, 2015. The instant appeal is against the decision of the Court of Appeal, Abuja Division.

The Appellant’s notice of appeal at pages 99 to 108 of the record of this appeal dated 21st May, 2015 and filed on the 22nd May, 2015; contains five grounds of appeal.

Parties filed and exchanged briefs of argument. Mr. J. O Adele, learned counsel for the Appellant formulated five issues for determination of this appeal as follows:-

a. Whether the learned Justices of the Court of Appeal Abuja were legally right when they upheld the findings of the trial High Court of justice, Kabba, Kogi State that the ingredients of the charge/offence of culpable homicide punishable with death was proved by the respondent against the Appellant even when the Respondent did not establish the ingredients of the charge or offence of culpable homicide punishable with death under Section 221 (1) (a) of the Penal Code as required by law.

b. Whether the learned Justices of the Court of Appeal Abuja were legally right when they upheld the finding of the trial High Court of Justice, Kabba, Kogi State which found the Appellant guilty of the charge of

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Culpable Homicide punishable with death because the Appellant did not give evidence for his defence but rather rested his case on the evidence of the Prosecution/Respondent.

c. Whether the learned Justices of the Court of Appeal Abuja were legally right when they upheld the findings of the trial High Court of Justice, Kabba, Kogi State that the prosecution/Respondent had by circumstantial evidence proved the case of Culpable Homicide punishable with death against the Appellant.