Oluwatoyin Abokokuyanro V The State (2016)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appeal is against the judgment of the Court of Appeal Ekiti division, delivered on 25th day of March, 2011, unanimously affirming the judgment of Ikole High Court, delivered on 25th October, 2006, which convicted and sentenced the appellant to death and life imprisonment for murder and attempted murder respectively.

The appellant was arraigned with three other accused persons (Sunday Jegede, Sunday Udor and Olanrewaju! Ayan) before the trial High Court on the 11th day of July, 2001 on a three-count information of conspiracy to murder, murder of one Moyowa Adeleye and the attempted murder of one Folade Ojo.

The appellant and his co-accused pleaded not guilty but before the commencement of hearing, one of them, by name Sunday Jegede (the then 1st accused) died and the appellant became the 1st accused throughout the trial.

PROSECUTION CASE:- in the afternoon of 29th November, 1998, the deceased victim, Mayowa Adeleye was sent by his mother, PW1, Alice Adeleye, to deliver food to his father, who worked as a security guard at Fiyinfolu Odindun

1

Comprehensive High School Oke-Ayedun Ekiti. The deceased Mayowa Adeleye, never returned home a expected, consequent upon which his parents raised an alarm which resulted in a search – party being organized by the town for him on the order of the king.

PW2, Falade Ojo, was a member of one of the search parties constituted to look for the missing boy and in the course of the search that night, he was accosted in the bush by the late Sunday Jegede and three other, the appellant inclusive.

It was the testimony of PW2 that during the encounter with the appellant and his cohorts, they, not only prevented him from searching the building where they were found but that the appellant brought out a sword to slay him but in the ensuing struggle, he (PW2) managed to escape from the scene after snatching the sword.

The PW2 promptly reported the incident to the king who directed the apprehension of the appellant and the others.

The headless corpse of Mayowa Adeleye was eventually found in the bush the following morning, near the house of the late Sunday Jegede, and party covered by curtains belonging to the said Sunday Jegede.

The prosecution called

2 six witnesses and the appellant gave evidence in his defence but called no witness. He denied committing any of the offence.

The trial Court, after a painstaking evaluation of the evidence, found the case proved beyond reasonable doubt by direct and circumstantial evidence against the appellant and his co-accused and consequently convicted and sentenced them accordingly.