Rasheed Aminu V. The State (2014)

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 P.I. Odunwo J. of the High Court of Justice, Ondo State sitting at Ikare Akoko delivered on 14th day of May 2008.

The Appellant was charged with murder contrary to Section 316 (2) of the Criminal Code cap 30 Vol. 11 Laws of Ondo State of Nigeria 1978. The case of the prosecution against the Appellant was that on or about the 9th day of July 1999 at Agbaluku Arigidi Akoko in Ikare Judicial Division the Appellant killed one Sadiq Jimoh by hitting him on the head with an axe.

The late Sadiq Jimoh was hired by the daughter of PW1 one Fausatu Kolade as a labourer in the farm leased from PW2. When PW1 heard that the hut in her daughter’s farm had collapsed, she went to look for the deceased in the house. When PW1 got to the house of the deceased, she was told that the deceased went to her daughter’s farm and had not returned.

On getting to the farm, PW1 saw the Appellant (a stranger) and on inquiring about the deceased, the Appellant denied knowledge of the whereabouts of the deceased. PW1 went to the house of PW2 to report that she did not see the deceased.

PW1 and PW2 went to the farm to search for the deceased but did not see the deceased. Later that day, some people informed PW1 and PW2 that they saw the appellant bleeding from severe matchet cuts on his body on the road. PW1 and PW2 went there to meet the Appellant. PW2 took the Appellant to his house, gave him food and delegated people to watch over him.

Further searches of the farm revealed the dead body of the deceased in a decomposing state under some leaves. The local police were invited. They took photographs (id 1 to id 3) and then took the body to a morgue. PW3, IPO from Ikare Police Station obtained a statement from the Appellant – Exhibit A. In Exhibit A, the Appellant denied killing the deceased. However, he made a confessional statement to the police at Akure – Exhibit C.

The Appellant retracted the confessional statement at the trial but the defence nevertheless rested their defence on Exhibit C. That the Appellant gave a graphic account of what happened in Exhibit C. that he had just been released from prison and some people gave him N200.00 for transportation. He was dropped at an unexpected junction and had to trek for about 5 kilometers for a whole day without getting to his destination. He became weak and tired.

He went into a hut in a farm, did not see anyone but noticed that corn was being boiled. He went in took some of the corn and started eating it. When the deceased came, he attacked him with matchet cuts to his head and all parts of his body. He reached out for an axe in the hut and used it to cut the deceased. The deceased sauntered off from the hut and died.

PW2, PW3 and PW4 also testified that the Appellant had matchet cuts on his body and PW4 said there was evidence of a struggle between the deceased and the Appellant as even the wooden bed in the hut was stained with blood.

The prosecution called four (4) witnesses and tendered three (3) Exhibits and three (3) photographs as identification. The Appellant did not call any witness but testified in his own defence.

The learned trial judge relied on exhibit C and other circumstantial evidence as proof of the killing of the deceased by the Appellant. He considered the defences of self-defence and provocation but could not find any of the defences in favour of the Appellant. He found the Appellant guilty as charged for the offence of murder and sentenced him to death accordingly.

The Appellant first gave a Notice of Appeal on 30/6/2008. But later, by leave of this court filed an Amended Notice of Appeal containing five (5) grounds of appeal on 31/03/2014.

Appellant’s brief of argument dated 22/10/2013, filed on 23/10/2013 was deemed filed on 31/03/2014. Respondent’s brief of argument dated 2/04/2014 was filed on the same day. Learned Counsel for the Appellant nominated two (2) issues for determination. They are:-