Sunday John V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

The appellant alongside 3 (three) other accused persons were on the 17th of February, 2004 charged by way of information before the High Court of Ondo State sitting at Okitipupa on a one count charge of the murder of one Maria Joseph Erhiyore.

Statement of Offence

Murder: contrary to section 316(6) and punishable under section 319(1) of the Criminal Code Cap. 30 vol. 11 Laws of Ondo State of Nigeria, 1978.

Particulars of Offence

Ayodele Ikuemonihan, Francis Omosaye, Oluwatimilehin Ifaramoye, Sunday John on or about 2nd day of June, 1995 at Ode-Erinje in the Okitipupa Judicial Division murdered one Maria Joseph Erhiyore (f)

On their arraignment while the 4th accused herein the appellant and the 1st and 3rd accused persons each pleaded not guilty the 2nd accused pleaded guilty to the charge. The case proceeded to trial in the course of which the prosecution called four (4) witnesses (PW1-PW4) while the appellant did not call any witness but testified on his own behalf. In all the prosecution tendered eight (8) exhibits marked A, A1, B-B1, C1-C2, D, D1, E and F-F5.

SUMMARY OF FACTS

The case for the prosecution at the trial was that on the 2nd of June, 1995 one Maria Joseph Erhiyore, a palm oil trader, left her house at Okitipupa with some empty palm oil kegs and the sum of N13,500 to go to the village of Ode-Erinje to purchase palm oil. The 1st accused who ostensibly was to supply her with palm oil was to meet with her at the Community Bank in Ode-Erinje. Unknown to the said Maria Joseph Erhiyore hereinafter referred to as the deceased, the 1st accused (Ayodele Ikumonihan) had arranged with the other accused persons namely: Francis Omosaye (2nd accused person), Oluwatimilehin Ifaramoye and Sunday John (appellant herein) to dispossess her of her money without supplying her with palm oil. Upon the arrival of the deceased at the Community Bank the 1st accused took her to the house of the 2nd accused still in pre of going to sell palm oil to her. It was there that the four accused persons pounced on the deceased, tied up her hands and mouth and throat with rope and pieces of cloth. The deceased was raped in turn by each of the four accused persons and she died in the process. Her sum of N13,500.00 was removed from her wrapper and shared amongst the four of them. The appellant got N4,000.00 as his own share. The deceased was subsequently thrown into a shallow pit toilet behind the house of the 2nd accused.

Following a report by the husband of the deceased and a search conducted by the police, the body of the deceased was found and exhumed. The accused persons including the appellant were later arrested in connection with the murder and apprehended before the trial court.

The appellant in his defence at the trial said that on that 2nd June, 1995 he was in his father’s house after returning from the farm. That nothing strange happened and he heard nothing. The appellant said that the corpse of the deceased was found at the backyard of the house of the 2nd accused (Francis Omosaye) who admitted guilt and was sentenced. Though he was subsequently arrested in connection with the death of the deceased he denied involvement. He said that the police used his thumb to make thumbprint impressions on Exhibits A1 and D-D1.

At the close of evidence from both sides and the filing and exchange of written addresses by counsel the learned trial judge in a considered judgment delivered 29th September, 2006 found the appellant guilty of murder and convicted him accordingly.

On being dissatisfied with his conviction and sentence the appellant on 13th of May, 2010 filed an Amended Notice of Appeal dated 10th May, 2010 but deemed properly filed and served on 2nd February, 2011 containing two grounds of appeal.

The parties duly filed and exchanged briefs of argument in compliance with the rules of this court.