Tony Ataloye V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Lagos State, Ikeja Judicial Division, which was delivered on December 5, 2003 by the Hon. Justice J. A. Oduneye in charge No: ID/28C/96. By the Judgment in question, the court below convicted and sentenced to death (by hanging) the present Appellant and four others under a one count charge of murder, contrary to section 319 of the Criminal code, Laws of Lagos State, 1994 as amended.

BACKGROUND FACTS: –

As gleaned from the records of appeal, on February 2, 1995 at about 7.30pm, One Daniel Obi of No. 22B Amaechi Lane, Layinka Ajegunle, Lagos was allegedly murdered by the Appellant and some other persons. The Appellant and some other persons were thereafter arrested and taken to Ajegunle police station, Lagos. However, it was not until three years after the offence was committed that the Appellant and co-accused persons were formally arraigned before the court below and their respective pleas entered. That was exactly on February 5, 1998. At pages 24-25 of the Record, it was recorded, inter alia, thus:

IKEJA: THURSDAY THE 5TH OF FEBRUARY 1998 BEFORE THE HON. JUSTICE J. A. ODUNEYE – JUDGE SUIT NO: ID/289/96.

BETWEEN:

THE STATE…………… complaint

V.

WILLIAMS & ORS….. accused

ACCUSED PERSONS PRESENT

A. BAKARE FOR THE STATE

O. ADETIBA FOR ALL THE ACCUSED PERSONS.

The one count plea charge is read to the accused person in English Language. They all understood the charge.

1st Accused- Not guilty.