Oluwatoyin Abokokuyanro V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

The Appellant along with three other persons were charged before the Ekiti state High court sitting at Ikole-Ekiti on a three count charge, that is: conspiracy to commit the murder of one Mayowa Adeleye, murder of Mayowa Adeleye and the attempted murder of one Falade Ojo (pw2). The alleged incidents were said to have taken place on the 29th day of November, 1998.

On arraignment of the appellant with the other then three accused persons on the 11th day of July, 2001, the appellant pleaded “not guilty” with the other accused persons but before the trial commenced the then 1st accused, one Sunday Jegede was reported to have died in prison custody, the appellant herein then became the 1st accused before the trial Court.

The prosecution called six (6) witnesses while the appellant testified in his defence and called no witness.

The case for the prosecution was that the victim, Mayowa Adeleye, was sent by his mother (PW1) to the farm on the 29th day of November, 1998 to give food to his father. The food was said to have been delivered, he left his father to return home and was not seen thereafter. In the evening of the same day the parents of the victim raised an alarm when he did not return, thereafter a search began.

The prosecution witness (PW2) alleged that while searching for the victim, he came across the late Sunday Jegede at an uncompleted building. The PW2 alleged that when he insisted on searching the uncompleted building, Sunday Jegede called out the appellant and the other two accused persons (in the order in which they were charged before the Court), they were said to have filed out in the same order. It was the allegation of the PW2 that they attacked him, while the appellant brought out a sword which they wanted to use on him but he seized the sword and escaped with it to lodge a report before the traditional ruler.

On the part of the appellant, it was alleged that the prosecution gave conflicting testimony as to his arrest. While the PW2 alleged that he was arrested in the bush on the night of the 29th day of November, 1998, the PW3 alleged that he was arrested on the 30th day of November, 1998.

On the 30th day of November 1998 the headless body of a boy was discovered, covered with a piece of cloth, with similar material and design as the window blinds in Sunday Jegede’s house. Photographs of the covered body were taken. The appellant and the other accused persons were handed over to the police and were subsequently prosecuted.

At the conclusion of the trial, on the 25th day of October, 2006 the learned trial judge found the appellant guilty on all counts and sentenced him to death on counts 1, and 2 and to life imprisonment on count 3.

Dissatisfied with the decision, the Appellant originally filed his Notice of Appeal on the 9th day of November, 2006, with the leave of Court granted on 30tn day of April, 2009, in which the Amended Notice dated 11/3/09, filed on 13/3/09 was deemed as properly filed and served on that day. The Amended Notice of Appeal dated 12th April, 2010, was further amended on another application moved on 12th October, 2010 and was deemed fifed the same day.

The Further Amended Notice of Appeal contained five (5) grounds of appeal, from which three issues were formulated. These are:

“1. Whether the learned trial judge was right in holding that the prosecution proved its case against the appellant when, the identity of the deceased for whose death the appellant was charged was never established at the trial?

2. Whether the learned trial judge was right in holding that the prosecution proved a case of murder and attempted murder against the appellant beyond reasonable doubt?
3. Whether the contradiction in the evidence of the prosecution as to the date of the arrest of the appellant is not fatal to the prosecution’s case?”

The respondent on the other hand raised a sole issue for determination of this appeal thus:

“whether or not the prosecution proved the offence of attempted murder and murder against the appellant beyond reasonable doubt”?