Judgment
OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Judicial Division, delivered on the 15th day of May, 2020 Coram: Tsammani; Okoronkwo; Ojo; JJCA wherein the appeal by the appellant herein was adjudged lacking in merit and was dismissed. The judgment of the trial Court was then affirmed.
The appellant had earlier been charged with the following one count. “That you Yusuf Abiodun Nasiru ‘M’ on the 12th March, 2014 at about 3p.m. at Isale Awero, Moniya, Ibadan within the Ibadan Judicial Division did unlawfully caused the death of one Glory Oladayo ‘F’ aged 6 years by strangulating and matcheting her to death thereby committing an offence under Section 316 and punishable under Section 319 of the Criminal Code, Cap.38, Vol. II, the Laws of Oyo State of Nigeria, 2000.”
Upon arraignment, the accused pleaded not guilty to the charge. At the trial, the prosecution called four (4) witnesses while the accused person only testified in defence but called no other witness. The prosecution tendered the extra judicial statements of the accused person which were admitted as Exhibits when there was no objection by the defence. At the close of evidence, counsel to both parties addressed the trial Court and in its considered judgment delivered on the 17th day of May, 2017, the accused was found guilty as charged.
He was convicted and accordingly sentenced to death by hanging for murder.
The appellant was dissatisfied with the judgment of the trial Court, hence he appealed to the Court below. The appeal was adjudged lacking in merit and was dismissed, which again led to the instant appeal.
The Notice of Appeal to this Court was filed on 28th May, 2020. Pursuant to the rules of this Court, parties filed and exchanged briefs of argument. The appellant’s brief of argument which was settled by J. T. Ogunniyi Esq. was filed on 24th November, 2020 while the respondent’s brief of argument was filed on 24/12/2020. Upon service of the respondent’s brief of argument, the appellant filed a Reply brief of argument on 15th December, 2020. Learned counsel for the appellant referred to both briefs of argument.
