Sanjo Awoniran & Anor V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Oyo state High Court of Justice, Ibadan Division delivered on 12th November, 2010 by Hon.Justice E.C.A. Lufadeju in suit No. I/90c/2006.

A synopsis of the facts resulting in this appeal is hereby made as follows. In the early morning hours of 21st March, 2004 at about 6am the house of Omoleke Ogunsanwo (PW4) in Agudu village Ibadan got burnt. The appellants were alleged conspired together to set the house ablaze. Consequently the appellants were arraigned before the High Court of Justice, Oyo state, sitting in Ibadan on a two count charge of the following offences:

(i) Conspiracy to commit Arson contrary to Section 516 of the Criminal Code Law cap.38, vol. II Laws of Oyo State of Nigeria, 2000 and

(ii) Arson contrary to Section 443 of the Criminal Code Law,Cap. 38, vol. II Laws of Oyo State of Nigeria, 2000.

At the trial a total of 13 witnesses testified, made up of seven witnesses for the prosecution and six for the defence with the appellants testifying as 5th and 6th defence witnesses. Documentary exhibits were tendered and admitted in evidence. Upon the conclusion of hearing, written addresses were filed, exchanged and adopted in court.

In a judgment delivered on 20th November, 2010 the appellants were found guilty in respect of the two counts as charged and sentenced to 5 years imprisonment in respect of the first count and 10 years imprisonment for the second count and the sentences to run concurrently. Hear the court:

“I have considered the allocutus of counsel for the two accused persons. On the first count of conspiracy to commit Arson for which the 1st accused has been adjudged guilty, I hereby sentence him to a term of five years imprisonment with hard labour.

On the 2nd count of Arson for which the 1st accused has been adjudged guilty, I hereby sentence him to 10 years of imprisonment. Both sentences are to run concurrently.

As regards the 2nd accused person in respect of the 1st count of conspiracy to commit Arson for which he has been adjudged guilty. I hereby sentence him to 5 years imprisonment with hard labour. On the 2nd count of Arson for which the 2nd accused has been adjudged guilty, I hereby sentence him to 10 years with hard labour. Both sentences are to run concurrently.”

See pages 155 to 156 of the record.

Aggrieved by the aforementioned decision the appellants filed their respective notices of appeal on 21st December, 2010. The said notices of appeal were anchored upon three grounds of appeal, as can be seen from pages 159 and 160 of the record. In strict compliance with the Rules of court, briefs of argument were filed and exchanged. The appellants amended brief of argument dated and filed 5th December, 2012 was deemed duly filed and served on 13th February 2013.

The respondent’s brief of argument was dated and filed on 13th February, 2013. Mr. Adekunre Ojo, leading Dupe Ajayi Mrs. and Chairman Okolose Esq. for the appellants, adopted the appellants amended brief of argument in urging the court to allow the appeal. Mr. M. O. Adebayo, Hon. Attorney General Oyo State with A. W. Gbadegesin Esq. Solicitor General Oyo State, Adegboyega Salau Esq. PSC and L. A. Adereke Esq. SSC for the respondent, adopted the respondent’s brief and urged the court to dismiss the appear as unmeritorious and affirm the judgment and sentence imposed by the lower court.

The appellants distilled two issues for determination on page 4 of their amended brief of argument as follows: