Samuel Addo 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 from the decision of Honourable Justice O. O. Akeredolu of the High Court of Ondo State sitting at Ondo on the 26th day of September, 2012.

The Appellant was arraigned on a lone count of murder contrary to Section 319 of the Criminal Code, Cap. 30. Vol. II, Laws of Ondo State of Nigeria 1978.

The Appellant pleaded not guilty. The prosecution’s case was/is that one Pastor Ezekiel Ayoade and Adediwura Afolabi the deceased persons were on the 2nd November, 2009 killed by the Appellant at the Church where the first deceased pastored and held meetings on the 1st day of every month. The meeting used to hold at Oke Igbala Ondo (also known as Oke Pele, Ondo).

On the said date, the Appellant who is a member of the church was on the hill top church referred to as “Ori Oke Pele” to attend the monthly services but when he got there, he discovered that his things had been tampered with, he got infuriated and when he challenged the Pastor, the Pastor threw a bell at him and also whipped him with a cane which got him all the more provoked and as a result he used the bell to

beat the Pastor to death.

When he realized that the old woman, Adediwura Afolabi who was partially paralyzed and laid in a corner of the church saw what he had done, and because she threw stones at him, he hit her with a stone till she died. He (Appellant) had been attending the church for a while and at that point was feeling cheated because he believed that the Pastor has exchanged his “glory” even though he had rendered help to the Pastor and had also warned him to let him go.

The Appellant’s defence was that he only remembered that on the 1st day of November, 2009, he climbed the Ori-Oke Pele to church where he went to pray but nothing happened between him and the deceased and that he only got to the prison before he knew where he was.

At the end of the trial, the Learned Trial Judge found the Appellant guilty as charged on the lone count and sentenced him to death.

Dissatisfied with his conviction and sentence, the Appellant at first filed a Notice of Appeal on 31/10/2012. On 7/4/2014, the Appellant filed an Amended Notice of Appeal (containing six (6) grounds of appeal). The Amended Notice of Appeal was deemed filed on 18/11/2012.

Appellant’s brief of

argument dated 6/3/2014 and filed on 7/4/2014 was deemed filed on 18/11/2014.

Respondent brief of argument dated 6/5/2015 and filed on 13/5/2015 was deemed filed on 16/6/2015.

Learned Counsel for the Appellant nominated two (2) issues for determination. They are: