Olusegun Ogunwale V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE AMINA ADAMU AUGIE (Delivering the Leading Judgment)

This is an appeal against the decision of the Lagos State High Court to overrule a no-case submission made on behalf of the Appellant, who was arraigned with three of his co-workers, and charged with the offence of attempted murder. The case against the Appellant, who is the 2nd Accused, and his co-workers – Fatai Yisa, Faith Ajufo and Towesho Olubukola, is that they attempted to murder a disgruntled customer, who came to complain about some products he bought from them, at a V-Mobile outlet on Ogunlana Drive, Surulere, Lagos.

The Prosecution called four witnesses, including the alleged victim Emmanuel Orjika as PW1, and he testified that when he realized the products he bought on 22/12/04 were not working, he ran back to complain and was told to return the next day. On 23/12/04, he was taken to their Head Office at Victoria Island. When he got back to the said outlet at Ogunlana Drive, he met a lot of people queuing to buy their products, but when he told the people that their products were not working, a lot of them turned, and people left, which angered the 3rd and 4th Accused persons, and they started calling him a thief.

Before he knew it, they had called in their OPC Guard -the 2nd Accused, and they started beating him up as a thief. He further testified as follows –

“As they beat me, people protested that I was not o thief. The 2nd accused ran out and got his gun and then started shooting in the air and scared people away. About 5 ladies ran into their office, which was being renovated, and brought out a cable. They gave the cable to the 1st Accused person and they tied me up. The 1st Accused and the 2nd Accused [i.e. Appellant] tied me up with the help of the others, while they were at it; the [Appellant] was hitting my head with a gun. His cohorts, the other members of staff were praising him that he had been able to catch an armed robber. They beat me, and I was wounded and I still have scars from my wounds. After I was tied up and beaten, I had dislocation in my right foot and I still have it till today. While I was tied, the [Appellant] hit me all over my face with his gun and I was wounded, he kept repeating that I should say my last prayer, that I was an armed robber who came to steal money. There were about 10 of them beating me up. The 3rd and 4th Accused were the ones passing the others the wire/cable with which to tie me up.

Then they stopped a motorcycle rider and forcefully took his fuel. They poured the fuel into a gallon wanting to pour it on me before setting me on fire. They also got condemned tyres. The 1st Accused and the (Appellant) got the tyres, while the 3rd accused carried the gallon and handed it to them while abusing me. The 4th Accused (Appellant) was hitting me with a big stick. Had it been that the Police wasted another two minutes, I would have gone up in flames. The Policemen my brother called came to my rescue”

The Prosecution also called his brother, Cyril A. Orjika, who testified as PW2, and he narrated how a motorcyclist ran to their compound and shouted that a tenant, who said he lived there, was about to be set ablaze at the V-Mobile outlet at Ogunlana Drive. He quickly ran there only to see his brother, PW1, tied hand and foot. On his way to the Police station, he saw a Police patrol vehicle with officers, who followed him and eventually rescued his brother, PW1, from the Appellant and the other Accused Persons. He further testified.

“When we got to the scene, I saw the [Appellant] and the 1st Accused. When the Police got to the scene, they untied PW1 and they drove all of us to Area C Command Police Station At the scene I saw a gallon of fuel and people. The 1st Accused and the (Appellant) were jubilating; they had stopped beating PW1 then”.

PW3 is Sergeant Sikiru Abdullahi, who initially investigated the matter, and obtained Statements from everyone involved. He also testified as follows –

“I followed the Accused Persons and the Complainant to the scene of the crime. At the scene, I discovered that a fight had taken place. Four suspects were handed over to me. No Exhibit was recovered at the scene. I was not the officer that incidented the crime. I was just assigned by the Desk Officer at that time. ”

PW4 is Inspector Stephen Deri of the State C.I.D., Panti, Yaba, Lagos, and he testified that he received the case file from an earlier team that could not conclude their investigation because of another assignment given to them; and that he also obtained statements from the complainants and Accused Persons, and visited the scene of crime. He tendered all the Exhibits that he received from the earlier team, which includes a V-mobile sim pack, a torn t-shirt, and a black Nitel Cable. He confirmed that there was, indeed, an attempt on the life of PW1 by the Appellant and the other Accused Persons. He stated as follows”

“I visited the scene of the crime – – -My investigation revealed that there was a fracas between the Complainant and the Accused Persons at the scene, which was the Defendants’ office. I found out that all the Accused persons were involved in it. They were all present at the scene and they were arrested at the scene on the day”.

At the close of the case for the Prosecution, the Appellant filed a “Notice to rely on a No-Case Submission”; and the Grounds for the Application are that-

1. The Prosecution failed to prove the essential elements of the offence of attempted murder.
2. The evidence adduced by the Prosecution has been so discredited as a result of cross examination and is so manifestly unreliable that no reasonable tribunal could safely convict on them.

Written Addresses were duly filed and adopted, and in his Ruling delivered on 5/2/2010, the learned trial Judge, O. A. Williams, J., observed as follows –