Segun Akinsuwa V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the Judgment of his Lordship F. O. Aguda -Taiwo of the High Court of Justice Ore, sitting at Ondo, delivered on 5th of August, 2010.

The respondent commenced criminal proceedings against the accused persons by filing information dated 24th May, 2005.

The appellant and two others were arraigned before the Ondo State High Court, Ore sitting at Ondo on a two count charge of conspiracy to murder and murder contrary to and punishable under Section 516 of the Criminal Code Cap. 30 Vol. 11 Laws of Ondo State of Nigeria 1978 and Section 316, punishable under Section 319 (1) of the Criminal Code Cap. 30 Vol. 11 Laws of Ondo State of Nigeria, 1978 respectively.

The appellant, the 1st accused therein and the 2nd accused person pleaded not guilty to the two count charge and the case proceeded to hearing. The prosecution called four (4) witnesses and tendered Exhibits 1 – 10 and the I. D 1 – 9 containing photographs of the corpse of Mrs. Silifat Rahman. Appellant testified and called no witness.

The 3rd accused person, Ayo Omoduyilemi was during the trial of this case released from the prison custody by the Chief Judge of Ondo State based upon the recommendation of the committee on Administration of Criminal Justice. His name was subsequently struck out of the case. PW1, Chief Jibayo Akinseye is a farmer who knew the 3 accused persons and who also knew the victim and her husband.

He was also the person who complained at the Police station about the missing woman. PW2 Joseph Ogunlusi Akinmutayo Akinseye is also a farmer who knew all the accused persons and had seen the 2nd accused person on their way to the farm the day the victim was murdered.

PW3 is Sergeant Muideen Oyewale who served at Ondo State C.I.D, Akure. He was involved in the investigation of the case. He identified the voluntary confessional statements of the accused persons.

PW4, William Olu Oyewole is a Doctor of Medicine, Specialist in Forensic Pathology and morbid Anatomy. He was also the permanent Secretary, Ministry of Health, Ondo State.

The 1st accused person herein the appellant went and met one Mrs. Silifat Rahman also known as Mama Lekan informing her that he had some Kolanuts to sell for her in the farm of the 3rd accused’s father. He later went and met the 2nd and 3rd accused persons who agreed to the idea of deceiving the woman into buying kolanuts that did not exist.

The appellant went ahead of his cohorts to the farm allowing them to lead the woman to the farm where they planned to rape her. Appellant testified that when the deceased resisted, he forcefully pushed her down and that she pleaded they should not kill her. Appellant used her cloth to cover her mouth and then raped her.

When he was through with raping her he removed a knife and stabbed her on her jaw and throat. The 2nd and 3rd accused persons then took turns to rape her while she bled to death. Thereafter they pulled her body to a nearby stream and hid her. It was following a report by PW1 and the news having gone round that the deceased went to buy kolanuts and had not returned home, that search was conducted by the villagers who later found the deceased’s body. The accused persons including the appellant were later arrested in connection with the case and arraigned before the trial court.

The appellant who did not call any witness, testified on his own behalf on the 14/04/2008 (about five 5 years after the incidence) and denied knowing anything about what happened on the 5/6/03. He denied knowing the 2nd and 3rd accused persons and claimed that he met them for the first time at the Police Station. He also denied knowing the deceased person.

He went on to narrate how on that fateful day he carried some passengers in his car to the Market, how he went to his brother’s house whom his wife was delivered of a baby. He also gave evidence on how he bought drinks for people around and also slept in the said village (Ominutu i.e his father’s village). According to the appellant, it was the next day 6/6/2003 while approaching Asejire that he was apprehended by some people numbering eight (8).