FRIDAY, 4TH JULY, 2025
Criminal Law: Murder – ingredients thereof – the principle in Okere vs. IGP (2021) LPELR -53079(SC)
Criminal Law: Ingredients of murder – proof of the death of the deceased – whether the death of the deceased can be proved by evidence of identification – the principle in Princewill vs. The State (1994) 6 NWLR (pt. 353)@715
Criminal Law: Murder – proof of guilt – whether confessional statement where direct and positive can establish guilt of the accused
Criminal Law and Procedure: Murder – proof of guilt – where the Appellant made a confessional statement, walked into the police station with a blood stained matchet and evidence of eye witnesses who saw him matchet the deceased – whether prosecution has proved the offence of murder beyond all reasonable doubt – the principle in Asimi vs. State (2016) LPELR -40436(SC)
Criminal Law: Murder – Proof of cause of death – whether can be proved by both direct and circumstantial evidence – the principle in Sansani vs. State (2022) LPELR -57954(SC)
Criminal Law: Murder – intention to kill or cause grievous bodily harm – where it is shown that the Appellant hit the deceased with a matchet – whether the prosecution has proved intention to kill or cause grievous harm
Criminal Law and Procedure: Cause of death – proof thereof – where there are sufficient evidence suggesting cause of death – whether medical evidence although essential is not desirable
Criminal Law and Procedure: Retracted confessional statement – where Appellant retracted his confessional statement during trial – whether court can convict based on the said retracted confessional statement where satisfied that it was made voluntarily – the principle in Mohammed vs. State (2014) LPELR -22916(SC)
Issue:
1. Whether the Prosecution proved the guilt of the Appellant beyond reasonable doubt?
2. Whether the contradictions in the testimonies of the Respondent witnesses were material enough to have this Court discredit them?
Facts:
The accused appellant was charged and arraigned before the High Court of Ogun State on a one count charge of murder contrary to section 319(1) of the Criminal Code Laws of Ogun State of Nigeria, 2006. The accused appellant was alleged to have on or about 4th day of March, 2009 at Isale Owoade Egba, in the Abeokuta Judicial Division murdered Sola Folorunsh. At the trial, the prosecution called three witnesses while the appellant testified on his behalf and called no additional witness. At the close of hearing the trial court delivered judgment, convicted the accused appellant and sentenced him to death by hanging. Dissatisfied with this judgment the Appellant has now appealed to the Supreme Court.
