Suraju Olanrewaju 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 against the judgment and orders of Honourable Justice R. A. Shiyanbola of the Osun State High Court sitting at Osogbo in Suit HOS/7c/2006 delivered on 13/1/2014.

The Appellant and one Lekan Olatayo were charged before the Osun State High Court in Suit HOS/7C/2006, The State V. Suraju Olanrewaju & ors for conspiracy, indecent assault and murder. He (Appellant), with one Fatai Ademola, Lekan Olatayo, Bilikisu Adeyemi (deceased) and Latifa were all sleeping in a room at Oke Abesu Street Osogbo.

On 1st June, 2005, the Appellant with Fatai Ademola and Lekan Olatayo at about 12 midnight made love with Bilikisu Adeyemi who died in the process.

In proving her case, the prosecution called three witnesses, who were policemen. The Appellant gave evidence in his own defence and called a witness who gave evidence of good character.

Trial commenced in the case on 19th day of June, 2008 and judgment of the Honourable trial Court was delivered on 13th day of January, 2014.

? In his judgment at page 187 of the record of appeal, the learned

trial Judge cautioned and discharged the Appellant in respect of the charges of conspiracy and indecent assault but convicted him of the offence of murder and sentenced him to death accordingly.

Dissatisfied with the judgment of the trial Court, the Appellant at first filed an omnibus ground of appeal and by an Amended Notice of Appeal of 13/4/2015 filed an additional ground of appeal.

The relevant briefs of argument for this appeal are:

(a) Appellant’s brief of argument dated 23/1/2015, filed on 26/1/2015 and re-filed on 13/4/2015 – Settled by Prince Abioye Oloyede – Asanike.

(b) Respondent’s brief of argument dated and filed on 2/11/2015 and deemed filed on 19/1/2016 Settled by Tijani K. Adekilekun, Ministry of Justice Osun State, Osogbo.

(c) Appellant?s Reply to Respondent’s brief of argument filed on 26/11/2015 and deemed filed on 19/1/2016 – Settled by Prince Abioye Oloyede – Asanike.

Learned Counsel for the Appellant nominated a sole issue for determination, that is: