The State V Moshood Oladimeji (2003)

LAWGLOBAL HUB Lead Judgment Report

I. KATSINA-ALU, J.S.C.

The respondent Moshood Oladimeji and four others were arraigned before the Ibadan High Court, Oyo State on a one count charge of murder of Agboola Aina contrary to section 319( 1) of the Criminal Code, Cap. 30, Volume II, Laws of the Oyo State, 1978.

At the trial, the prosecution called nine (9) witnesses. The accused persons also gave evidence in their defence. On 13 October, 1998 the respondent was found guilty and convicted of the lesser offence of manslaughter. The other accused persons were acquitted and discharged.

The respondent’s appeal to the Court of Appeal was allowed. The present appeal to this court is by the State.

The facts of the case are these. There had been a protracted land dispute at Dada village near Idi-Ayunre in Ibadan between the deceased’s family (Dada family) and respondent’s family (Lakun family). Because of this feud over land, the respondent’s family held a meeting at which it was agreed that the deceased Agboola Aina should be eliminated so that the Lakun family would take control of the Dada family land. In pursuance of this agreement, on the morning of the day in question i.e. 2 February, 1996, the respondent and others of the Lakun family, waylaid the deceased and his sister (P.W.3) who were on their way to Ibadan. The respondent first accosted the deceased. In a little while the others came out of hiding. The deceased raised alarm which attracted his sons to the scene. In the fight which ensued, the deceased, his sister and his sons were assaulted with cudgels, cutlasses and sticks. The deceased was struck several blows with these weapons thereby causing him multiple injuries from which he died in hospital on 4 February, 1996.

The State in its brief of argument formulated two issues for determination. They read as follows:

“1. Whether it is right for the Court of Appeal to raise the issue of plea and arraignment under section 215 of the Criminal Code, Cap. 30, Vol. II, Laws of Oyo State of Nigeria, 1978 suo motu without hearing argument from the two parties upon which it relied heavily to quash the respondent’s conviction.

2. Whether, having regard to the circumstances of this case the prosecution must prove that the act of the respondent alone must cause the death of the deceased before the respondent’s conviction could be affirmed.”

For his part the respondent also raised two issues which are similar to those formulated by the State.

ISSUE NO. 1

“Whether it is right for the Court of Appeal to raise the issue of plea and arraignment under section 25 of the Criminal Code, Cap. 30, Vol. II, Laws of Oyo State of Nigeria, 1978 suo motu without hearing argument from the two parties upon which it relied heavily to quash the respondent’s conviction.”

As I have already indicated, the respondent was found guilty of manslaughter. His appeal to the Court of Appeal was allowed.

The issues submitted on behalf of the respondent, who was the appellant in that court, for determination were as follows:

“(1) Whether from the totality of the evidence adduced at the trial and the manner the same was summed up by the trial Judge, can it be reasonably said that there was proper evaluation of the evidence by the court and proper findings made on the essential ingredients of the offence to sustain the conviction of the appellant.

(2) Whether having regard to the evidence led by the prosecution, the learned trial Judge has not misdirected himself in his deduction in his judgment that it was the accidental acts of the appellant that caused the death of the deceased.