CaseLaw
Lase V. The State (2017) CLR 6(a) (SC)
Judgement delivered on June 2nd 2017
Brief
Facts
This appeal arose from the decision of the Court of Appeal, Akure Judicial Division delivered on the 9th July 2015, in Appeal No. CA/AK/97C/2014. In the appeal, the Court affirmed the conviction and sentence imposed on the appellant by the High Court of Akure presided over by Justice A. O. Odusola in suit No AK/34C/2013 delivered on the 20th March 2014
The brief facts of the case are, the appellant and one Olusegun Oboro (1st Accused) allegedly Kidnapped one Dada Rachel Akinboye (deceased) an Eighteen months old baby who was sleeping with her mother at lkorigho, Ondo State and handed her over to one Theophilus Friday (3rd Accused) who subsequently murdered the deceased and removed her body parts. The Ikorigho community consulted their local deity "Ogbaji" to fish out those responsible for the kidnap, the name of the appellant and other accused persons were mentioned, as responsible for the act. The community after arresting them handed them over to the Police.
At the Police Station, the appellant made a confessional statement which he later denied was voluntary.
COUNT 1
"Kidnapping, contrary to and Under Section 3 of the Ondo State Anti Kidnapping and Anti Abduction Law 2010."
COUNT 2
"Murder, contrary to Section 316 and punishable under Section 319 of Criminal Code Laws of Ondo State 2006."
After the plea of not guilty to the two counts charge, trial commenced on the 19th November 2013. The prosecution called a lone witness, while the appellant testified in his defence.
After the hearing, the appellant along with the other accused were convicted and sentenced to death on the two counts aforesaid.
Dissatisfied with the decision of the trial Court, the appellant appealed to the lower Court which confirmed the conviction and sentence of the appellant. The judgment of the trial Court convicting and sentencing the appellant to death is at pages 82-99 of the record of appeal while the judgment of the lower Court affirming the decision of the trial Court is at pages 131 to 150 of the record of appeal.
Being dissatisfied with the judgment, the appellant sought to upturn the decision by lodging an appeal to this Court.