Judgment
HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Akure division delivered on the 19th February, 2016 Coram. Mojeed Adekunle Owoade, Mohammed A. Dajuma, James Shehu Aribiyi (JJCA) which affirmed the decision of the trial Court delivered on the 13th January, 2014, by Hon. Justice R. A. Shiyanbola J of the Osun State High Court convicting the Appellant of the offence of Conspiracy, Murder and Indecent Assault of late Bilikisu which is contrary to Sections 324, 319(1) and 360 of the Criminal Code cap 34 Vol.
II Laws of Osun State.
The Appellant was the 2nd defendant at the trial Court. The Appellant with one Fatai Ademola and Suraju Olanrewaju, Bilikisu Adeyemi (deceased) and Latifa were all sleeping in a room at Oke Abesu Street Osogbo. On 1st June, 2005, the Appellant and Suraju Olanrewaju at about 12am had sexual intercourse serially with Bilikisu Adeyemi who died in the process. The Appellant and Suraju Olanrewaju were charged to Court on 3 counts of Conspiracy, Indecent Assault and Murder. The charge was subsequently amended several times and last amendment was dated and filed on the 4th of April, 2008.
The trial Court then held that based on the confessional statement wherein the Appellant and the co-defendant admitted they both had sexual intercourse with the deceased serially and stuffed her mouth with bread so she couldn’t shout for help meant they conspired to rape her which caused the death of the victim. The trial Court held that the confessional statement revealed they tried to resuscitate the deceased by pouring water on her but she died which means she died in the process and either the sexual intercourse or the suffocation from the bread could have led to the death of the deceased.
The Appellant was sentenced to death by hanging.
Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal, Akure division for the determination of the issue whether the trial and conviction of the Appellant was not a nullity? The Court below in determining this issue held that although it is good practice for the Courts to record extensively that the charge was read and fully explained to the accused to the satisfaction of the Court, failure to do so will not render the trial a nullity.
