CaseLaw
State V. Oladimeji (2007) CLR 7(k) (SC)
Judgement delivered on July 11th 2003
Brief
Facts
The facts of the case are these. There had been a protracted land dispute at Dada Village near Idi-Ayunre in Ibadan between the deceased's family (Dada family) and-Respondent's family (Lakun family). Because of this feud over land, the Respondent's family held a meeting at which it was agreed that the deceased Agboola Aina should be eliminated so that the Lakun family would take control of the Dada family land. In pursuance of this agreement, on the morning of the day in question i.e. 2 February, 1996 the Respondent and others of the Lakun family, way laid the deceased and his sister (PW3), who were on their way to Ibadan. The Respondent first accosted the deceased. In a little while the others came out of hiding. The deceased raised alarm which attracted his sons to the scene. In the fight which ensued, the deceased, his sister and his sons were assaulted with cudgels, cutlasses and sticks. The deceased was struck several blows with these weapons thereby causing him multiple injuries from which he died in hospital on 4th February 1996.
The Respondent Along with four others, were charged with the offence of the murder punishable under Section 379 (1) of the Criminal Code Cap. 30, Volume 11, Laws of Oyo State of Nigeria, 1978.
The Respondent was found guilty but convicted of the lesser offence of manslaughter. He was sentenced to imprisonment for a term of 4 1/2 years. The rest of the accused persons were acquitted and discharged.
The conviction of the Respondent was, on appeal, quashed by the Court of Appeal, Ibadan Division. This was on the questions of the plea and arraignment of the respondent which were raised suo motu by the Court of Appeal without giving any opportunity to the parties to address the court on those points. It is against this decision of the Court of Appeal that the State, herein the Appellant, has appealed to the Supreme Court.
Issues
Whether it is right for the Court of Appeal to raise the issue of plea and...