Olalekan Omoleye V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal emanated from the decision of Honourable Justice D. O. Oluwayemi of the High court of Lagos state delivered on the 2nd of March 2001 wherein he convicted the Appellant on the single count of murder, sentencing him to fourteen (14) years imprisonment thereby.

It is for the murder of one Wale Mogbojuri at the Tipper Garage Majidun, Ikorodu, Lagos on the 2nd of July 2004.

The Appellant OLALEKAN OMOYELE at the High Court of Lagos State, Ikeja Judicial Division was charged with a one count charge of murder contrary to Section 319(1) of the Criminal Code Cap C12, Vol. 2, Laws of Lagos State 2003 in that on or about the 2nd day of July 2004 at Tipper Garage, Majidun, Lagos, in the Ikeja Judicial Division, murdered one Wale Magbojun by stabbing him.

On the 24th day of November 2008, the Appellant pleaded not guilty to the charge – page 47 of the Record of Appeal.

SYNOPSIS OF FACTS

The Appellant and the deceased are first cousins. They worked together at Majidun River, Ikorodu, Lagos as sand loaders.

On the 1st of July 2004, the Appellant had a dispute with the deceased at their place of work at Majidun. The Appellant’s story is that at the heat of their dispute, the deceased Wale Mogbojuri threatened to kill him. That the deceased in fact on that day hit him on the head with a plank, which caused the Appellant to bleed profusely from his head. The Appellant was rushed to a chemist shop where he received first aid treatment.

On the 2nd of July 2004, the Appellant came to work as usual.

According to the prosecution, the Appellant stabbed the deceased with a knife three times. The deceased died on his way to Ikorodu General Hospital.

The Appellant was later arrested at Ibeshe where he ran to immediately after he stabbed the deceased. He was taken to Owutu police Station.

At the trial the prosecution called three witnesses PW1, PW2 and PW3 respectively, while the Appellant testified in his own defence and called no witness.

PW1 is the father of the deceased. He did not identify the corpse of his son.

PW2 is Mr. Yomi Ajoun, a mechanic. According to him, on the 2nd of July 2004 he was at the site working on sandloader at Mile 12, Majidun Ikorodu. There was a fight between the Appellant and the deceased, because the Appellant took the deceased’s work instrument.