Rasaki Saka V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ondo State High Court delivered by Honourable Justice O. O. Akeredolu on the 8th of March, 2013.

On the 19th day of October, 2011, the Appellant was arraigned on a lone count charge of murder pursuant to Section 316 of the Criminal Code Cap.30 Vol. II Laws of Ondo State, 1978 (now vol. 1, Cap. 37 Laws of Ondo State, 2006)

The Appellant pleaded ‘not guilty’ to the offence contained in the charge.

The prosecution (Respondent) called three (3) witnesses, and the Appellant (defendant) testified in his own defence.

Exhibits P1 and P2 were tendered and admitted on behalf of the Respondent, none was tendered and admitted on behalf of the Appellant.

The case for the Respondent was that on or about the 19th day of March, 2008, the Appellant unlawfully killed one Felix Akinrinmola by stabbing him with a broken bottle.

The case of the Appellant was a denial of the accusation. He stated in his evidence on oath that he only threw a broken bottle out of his window into a nearby bush. He

however, admitted stabbing the deceased with a broken bottle in his extra-judicial statement.

At the close of evidence and addresses by Counsel, the learned trial Judge in a judgment delivered on the 8th day of March, 2013 found the Appellant guilty of murder and sentenced him accordingly.

Dissatisfied with the judgment, the Appellant at first filed a Notice of Appeal dated 4/4/2013 on 5/4/2013 containing a lone ground of appeal.

Subsequently, and pursuant to the order of this Court made on the 16th day of may 2014, the Appellant filed an Amended Notice of Appeal dated 20/5/2014 on 27/5/2014 containing five (5) grounds of appeal.

Appellant’s brief of argument dated 16/6/2014 was filed on the same day.

Respondent’s brief of argument dated 14//11/2014 and filed on the same day was deemed filed on 9/2/2016.