CaseLaw
Olatubosun Vs. The State (2013) CLR 7(h) (SC)
Judgement delivered on July 12th 2013
Brief
Facts
On the 28th day of June, 2003 a night vigil was held at the All Christian Fellowship Church, Ode Ekiti. In attendance were several people including, PW1, two of her children and the appellant. At the end of the vigil at about 3 a.m. some of the congregation went home while others slept in the church. PW1 and her two children, the appellant and several other people slept in the church. A few hours after everyone went to sleep PW1 woke up to find that her three month old baby (Joy Faith Olubodun, Deceased) and the appellant were nowhere to be found. A search party went to the appellants house and found it locked up. A report was made at a nearby Police Station. The appellant was eventually found and he confessed to PW2 (PW1's husband, and father of the deceased) that he killed and buried Joy Faith Olubodun. He took the Police and PW2 to where he killed and buried the child in a shallow grave. The body was exhumed and it was found that the child's eyes were removed and the throat slashed. On the night of the 28th of June 2003 a ritualist was on the prowl at the night vigil and the ritualist was the appellant.
The appellant, as accused person was charged before an Omuo Ekiti High Court on one count for Murder. The charged read:
STATEMENT OF OFFENCE
Murder contrary to section 319(1) of the Criminal Code Cap 30 Vol.11 Laws of Ondo State of Nigeria 1978 as applicable in Ekiti.
PARTICULARS OF OFFENCE
Akinola Olatunbosun (M) on or about the 28th day of June, 2003 at All Christian Fellowship Ministry Church, Ode-Ekiti, in the Omuo Judicial Division murdered one Joy Faith Olubodun.
Jegede J presided. Trial commenced on the 29th day of June, 2006 and ended on the 21st day of August 2007 with closing speeches from counsel. Four witnesses testified for the state while the appellant in his testimony on oath admitted committing the offence. The following were admitted in evidence as exhibits:
In a considered judgment delivered on the 27th day of September, 2007 the learned trial judge found the appellant guilty of the offence of murder under section 316 of the Criminal Code and sentenced him to death by hanging pursuant to section 319 of the Criminal code.
The appellant filed an appeal. It came before the Ilorin Division of the Court of Appeal. There was a split decision, Agube, Nweze, JJCA delivered the majority judgment while Denton-West JCA dissented.
Affirming the decision of the trial High Court the majority decision of the Court of Appeal ran as follows:
“........ Surely, the circumstances of the contemporaneous disappearance of the accused person and the child; the child's subsequent mutilation and burial in a shallow gave etc were matters which called for explanation. The accused person supplied the explanations that inculpated him. The lower court rightly convicted him. I, hereby affirm the conviction and sentence of the appellant. This appeal has no merit. It is hereby dismissed.”
This appeal is against that judgment.