CASE TITLE: BABAJIDE v. STATE (2025) LPELR-80146(SC)
JUDGMENT DATE: 17TH JANUARY, 2025
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: UWANI MUSA ABBA AJI, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on criminal law and procedure.
FACTS:
This appeal is against the judgment of the Court of Appeal sitting in its Ibadan Division which affirmed the conviction of and sentence passed on the Appellant by the High Court of Ogun State for the offences of conspiracy to commit murder and murder in a judgment.
The facts in this appeal are that on 16/11/2011, at about 7:30pm, Azeez Olasupo (PW7) and the deceased went into the room of the 1st Defendant upstairs to watch film. While there, they met the Appellant and another person sleeping. After about an hour, they left the room for Itoku. While at Itoku, the Appellant, the 1st Defendant and four other friends came on three motorcycles. On getting to their house at Ago Oba, Abeokuta, the 1st Defendant, the Appellant and others asked them to kneel down and started to beat them for stealing the Appellant’s handset. PW7, Gbemi and the deceased were beaten with planks, stick and bottle by the Appellant, 1st Defendant and others now at large. The deceased (Saburi) was rushed thereafter to the clinic by the 1st Defendant and others, now at large, where the deceased eventually died on 17/12/2011. This led to the arrest and arraignment of the Appellant and another person for the offences of conspiracy to commit murder and murder before the trial High Court.
At the conclusion of the trial, the trial Court found the Appellant guilty as charged and consequently sentenced him to death.
Dissatisfied with the Judgment, the Appellant appealed to the Court of Appeal which upheld the judgment of the trial High Court and dismissed the appeal.
Consequently, the Appellant appealed to the Supreme Court.
ISSUE(S) FOR DETERMINATION:
The Court adopted the issues formulated by the Respondent viz:
Whether from the totality of the evidence adduced at the trial, the Respondent proved the charge of conspiracy to commit murder and murder against the Appellant beyond reasonable doubt in accordance with Section 135 of the Evidence Act, No. 18 of 2011?
DECISION/HELD:
In conclusion, the Court dismissed the appeal.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER/MANSLAUGHTER: How to establish a charge of murder or manslaughter
- EVIDENCE- CONFESSIONAL STATEMENT: Whether a court can convict on a retracted confessional statement; conditions that must be satisfied before same can be done
- EVIDENCE- EVIDENCE OF AN EYE WITNESS: Whether the Court treats the evidence of a victim as that of an eye witness and whether the evidence of an eye witness is one of the ways to prove commission of a crime
- EVIDENCE- UNCHALLENGED/UNCONTROVERTED EVIDENCE: Effect of an unchallenged/uncontroverted evidence
- EVIDENCE- CAUSE OF DEATH: Meaning of causation
- EVIDENCE- CAUSE OF DEATH: When the cause of death can be said to be the act of the accused
- EVIDENCE- CAUSE OF DEATH: Position of the law where the alleged break in the chain of causation involves the conduct of medical professionals
- EVIDENCE- EXAMINATION OF WITNESS: Effect of failure to confront a witness with an allegation against such witness while testifying in Court
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