CaseLaw
Olabode V. State (2009) CLR 5(i) (SC)
Judgement delivered on May 22nd 2009
Brief
Facts
The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suit claiming:On the 18th of March 2001, at the deceased's workshop, at New Garage Area, Orita Challenge, Ibadan, Oyo State where he (deceased) was an apprentice mechanic under one Adeleke Balogun who testified as PW1, the accused/Appellant, a panel beater, poured petrol on the deceased and set him ablaze. Consequently the deceased sustained severe burns all over his body. On seeing that the deceased was burning, the Appellant hastily left the scene of the incident and went to hide himself somewhere unknown. The deceased was taken to Adeoyo State Hospital, Ibadan where he was admitted for medical treatment. At a point in time after the incident, the Appellant surfaced in the hospital to see the deceased on admission for treatment. There, he undertook, in writing, to be responsible for the medical bill of the deceased, the written undertaking was tendered in the course of the proceedings as Exhibit 'C. However, the deceased died 14 days thereafter. As I have said, hence the accused/Appellant was charged with his murder. After taking evidence of the prosecution witnesses and the only evidence from the defence side who, incidentally, was the Appellant himself, and of course, the final addresses of Counsel for both sides, the trial Judge, in a reserved judgment delivered on the 31st of October 2002 found the Appellant guilty as charged and accordingly convicted him and finally sentenced him to death by hanging. Dissatisfied with the judgment, the Appellant lodged an appeal to the Court below. After taking the addresses of Counsel representing the Appellant and the prosecution based on their respective briefs of arguments, the Court below, in a unanimous decision delivered on the 26th of March 2007 dismissed the appeal while affirming the conviction and sentence passed by the trial High Court. Again, being dissatisfied with the aforesaid judgment of the Court below, the Appellant has appealed to this Court by Notice of Appeal filed on the 20th of April 2007.