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CaseLaw

State V. Omoyele (2016) CLR 7(r) (SC)

Judgement delivered on July 1st 2016

Brief

  • Preliminary objection
  • Appeal as of right – Examples of Circumstances for
  • Ground of Appeal – Principles for determining
  • Filing of Appeal – Effect of Failure to file within time
  • Criminal appeal under the Judicial, etc. Offices and Appeal by Prosecutors Act No.10 of 1963
  • Section 4(3) of the Judicial etc. Offices and Appeal by Prosecutors Act No. 10 of 1963
  • Section 233(6) of the 1999 Constitution
  • Section 27(2) of Supreme Court Act 2004
  • Section 233 of the 1999 (as amended)
  • Section 233(2) of the 1999 Constitution
  • Section 232(2)(a) of the 1999 Constitution
  • Section 233(3) of the 1999 Constitution

Facts

This appeal stems from the judgment of Lagos division of the Court of Appeal (lower Court/Court below) delivered on 3rd May 2013 which had discharged and acquitted the respondent who was earlier convicted by the Lagos State High Court (trial Court) on the offence of murder, contrary to Section 319(1) of the Criminal Code Cap 17 Vol.2 of Lagos State 2003 and sentenced him to 14 years imprisonment.

The facts that gave rise to this appeal as revealed by the record of appeal are that the respondent was a sand loader and on the 1st day of July 2004, he had a dispute with the deceased one Wale Mogbojuri who threatened to kill him. The respondent and the deceased Wale were working in the same place and on the 1st day of July 2004, the respondent and the deceased had a dispute and the deceased threatened to kill the respondent. To actualize his intention, the deceased used a plank and hit the respondent on the head which resulted into profused bleeding as a result of which the respondent was rushed to a chemist shop for first-aid treatment in order to stop the bleeding. Then on the second day i.e. 2nd July 2004, the respondent came to the worksite still suffering from pains of the previous day attack. The deceased came to him again and still used a plank and threatened to kill the respondent and hit him on his shoulder with the plank. As the deceased wanted to hit him with the plank the third time, the respondent picked a knife normally used for cooking at the worksite and stabbed the deceased in self defence.

Consequently, the deceased bled to death before he could get immediate medical attention. Thereupon, the respondent was arrested and charged with murder before the trial High Court on a sole charge of murder, contrary to Section 319(1) of the Criminal Code, to which he pleaded not guilty. At the trial, the appellant as the prosecution, called three witnesses while the respondent herein, testified for his defence. In the end the learned trial judge found the respondent guilty of causing the death of the deceased Wale and sentenced him to 14 years imprisonment.

Dissatisfied with the judgment of the trial Court, the respondent successfully appealed to the Court below, whereby the Court below discharged and acquitted him, when it on page 243 of the Record held as below:"The result is that this appeal succeeds and consequently, the conviction of the appellant by the learned trial judge D. O. Oluwayemi J in suit No. LCD/31/2007 at the Court 14 criminal division, High Court of Lagos State on the 2nd March 2011 is hereby quashed. The appellant's sentenced to 14 years imprisonment is hereby set aside. The appellant Olalekan Omoyele is hereby discharged and acquitted".

Aggrieved by the decision of the Court below, the appellant herein appealed to this Court.

Issues

  • 1
    That the appeal was commenced by the appellant without first obtaining...

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