Theophilus Friday v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Akure Division in appeal no. CA/AK/98CA/2014 delivered on the 2nd day of October, 2020 in which the court dismissed the appeal of the appellant against his conviction and sentence to death by the Ondo State High Court, in charge No. AK/84C/2013.

Appellant was charged with the offence of kidnapping and murder of Dada Akingboye, an offence punishable under section (3) of the Ondo State Anti-Kidnapping and Anti- abduction Law, 2010 and Sections 316 and 319 of the Criminal Code Laws of Ondo State 2006.

The facts of the case from the records, are that Olusegun Obaro and Jonah Lase were sent by the 3rd accused person, the appellant herein to Kidnap one Dada Akingboye a baby of 11/2 years old.

That the baby was snatched and kidnapped from her mother in the night while she was sleeping beside her mother in the midnight of 16th June, 2011 at Ikorigho community and the 1st and 2nd accused persons handed the baby over to the appellant.

On 17th day of June, 2011, the body of the baby was found close to her mother’s house with her right ear, right eye, right breast, and the right part of her scalp removed. Subsequently, the three accused persons were arrested by the Ikorigho community in connection with the crime and handed over to the police.

After investigation, the appellant and the two other accused persons were eventually arraigned before the trial court for the offence of kidnapping and murder, and they all pleaded not guilty to the charge.

Following their trial, appellant and his conspirators were found guilty and convicted of the offence of kidnapping and murder and sentenced accordingly.

Being dissatisfied with the judgment, appellant appealed to the lower court, the Court of Appeal, Akure Division in appeal No. CA/AK/98CA/2014. Appellants appeal was dismissed by the court in a judgment delivered on the 2nd day of October, 2020 resulting in the instant further appeal to this court.

The appellant’s brief of argument was filed by learned counsel Hannibal Uwaifo on the 3rd day of March, 2023. Learned counsel nominated a sole issue for determination on behalf of the appellant, the issue reads as follows:

“Whether or not the respondent successfully proved the two-count charge of murder and kidnapping against the appellant beyond reasonable doubt as required by law. (Distilled from ground 1 and 2)”

Learned counsel Charles Titiloye, Honourable Attorney General Ondo State, filed the respondent’s brief of argument on the 4th day of August, 2023 and crafted corresponding sole issue for determination. The issue reads as follows.

“Whether from the totality of the evidence on record as well as material evidence available, the lower court was right when it held that the respondent (prosecution) had established the offences of kidnapping and murder against the appellant beyond reasonable doubt.”

Looking closely at the issues formulated by both counsel, it is clear to me that the issues are substantially similar. I will now take the submissions of each counsel before resolving the appeal.