md←→ previous / next
Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Between
JONAH LASE- Appellant
AND
THE STATE –Respondent
…………………….A…………………….
SIDI DAUDA BAGE, J.S.C.(Delivering the Leading Judgment): 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.
After the trial within trial, the trial Court admitted the statement as evidence
The appellant and the other two accused persons were charged with the following offences:-
COUNT 1
“Kidnapping, contrary to and Under Section 3 of the Ondo State Anti Kidnapping 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.
The appellant filed his brief of argument dated 24th August 2015 wherein the following issues were formulated for the determination of this appeal.
ISSUES
“1. Whether the prosecution proved its case beyond reasonable doubt against the appellant to the effect that the appellant was guilty of kidnapping and murder of Dada Rachel Akinboye to justify the affirmation of the conviction and sentence of death by hanging of the appellant by the learned justices of the Court of Appeal, Akure Division.
2. Whether the learned justices of the Court of Appeal, Akure Division were right to have adopted the learned trial Judge’s admission of the appellant’s purported extra judicial statement Exhibit “D” as a confessional statement in spite of objection of the appellant to its tendering on the ground of involuntariness of the process of its extraction and relied heavily upon same to affirm the conviction and sentence of the Appellant for kidnapping and murder.
The learned counsel for the Respondent however formulated in his brief of argument, a sole issue for determination thus:-
“Whether the prosecution proved its case beyond reasonable doubt against the appellant in the light of Exhibit D to the effect that the appellant was guilty of kidnapping and murder of Dada Rachel Akingboye to justify the affirmation of the conviction and sentence of death by hanging of the appellant by the learned justice of Court of Appeal, Akure Division.”
The Learned Counsel for the Respondent A.D. Adeyemi Tunde (Mrs.) filed a Notice of Preliminary objection that the Grounds contained in the Notice of Appeal and the issues there from are incompetent. The arguments from the objection are contained
At the Police Station, the appellant made a confessional statement which he later denied was voluntary.
After the trial within trial, the trial Court admitted the statement as evidence
The appellant and the other two accused persons were charged with the following offences:-
COUNT 1
“Kidnapping, contrary to and Under Section 3 of the Ondo State Anti Kidnapping 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.
The appellant filed his brief of argument dated 24th August 2015 wherein the following issues were formulated for the determination of this appeal.
ISSUES
“1. Whether the prosecution proved its case beyond reasonable doubt against the appellant to the effect that the appellant was guilty of kidnapping and murder of Dada Rachel Akinboye to justify the affirmation of the conviction and sentence of death by hanging of the appellant by the learned justices of the Court of Appeal, Akure Division.
2. Whether the learned justices of the Court of Appeal, Akure Division were right to have adopted the learned trial Judge’s admission of the appellant’s purported extra judicial statement Exhibit “D” as a confessional statement in spite of objection of the appellant to its tendering on the ground of involuntariness of the process of its extraction and relied heavily upon same to affirm the conviction and sentence of the Appellant for kidnapping and murder.
The learned counsel for the Respondent however formulated in his brief of argument, a sole issue for determination thus:-
“Whether the prosecution proved its case beyond reasonable doubt against the appellant in the light of Exhibit D to the effect that the appellant was guilty of kidnapping and murder of Dada Rachel Akingboye to justify the affirmation of the conviction and sentence of death by hanging of the appellant by the learned justice of Court of Appeal, Akure Division.”
The Learned Counsel for the Respondent A.D. Adeyemi Tunde (Mrs.) filed a Notice of Preliminary objection that the Grounds contained in the Notice of Appeal and the issues there from are incompetent. The arguments from the objection are contained
…………………….B…………………….
Continue reading LASE v. THE STATE
You have read the opening. Unlock the full library once and it stays unlocked - one payment, no subscription, the same library as the app.
- All 725 Laws of the Federation, A to Z
- 916 full judgments and 269 case collections
- 8,046 legal principles and 124 rules of court
- 343 drafts, with the Draft Builder
- The Law Dictionary - 31,442 terms
- Law School notes and 2,082 MCQs
Every Act, case collection and principle beginning with A, B or C is free to read in full, without unlocking - the same boundary as the Android app.