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KEHINDE OLUDE v. THE STATE

(2018) LPELR-44070(SC)

In The Supreme Court of Nigeria

On Friday, the 23rd day of March, 2018

SC.288/2014


Before Their Lordships

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

KEHINDE OLUDE - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Murder.
FACTS:
This is an appeal against the decision of the Court of Appeal, Lagos Division upholding the conviction and death sentence imposed on the appellant by Oyewole, J. (as he then was) of the Lagos State High Court.

One Mr. R. A. Adisa, a lecturer at the College of Education, Okene had gone to Lagos to buy a car. The PW.2 followed him to the car stand to buy the car. Mr. Adisa bought the car in his presence. Because he could not drive the car from Lagos to Okene he engaged the Appellant, against all protests from the PW.2, to assist him drive the car to Okene.
 The Appellant and Mr. Adisa set off for Okene from Lagos. Since then Mr. Adisa had not been seen alive. He neither got to Okene, his destination, nor did he return to Lagos, his point of departure. The Appellant however returned, with the car bought by Mr. Adisa, to Lagos. He tried parking the car in PW.1's house and for blessing, purporting that he had bought it. The PW.1, Appellant's own father, not convinced and very suspicious, refused to offer his blessings. He asked the Appellant to take the car away from his house. The Appellant took the car to PW.3's house and parked it there, telling the PW.3 that an uncle overseas, who sent him money to buy the car, wanted to sell the car to raise cash urgently. On this story, the PW.3 helped the Appellant to sell the car. 
After several days, the people in Okene including the friends and relations of the deceased became anxious and restive. They decided to trace the movements of Mr. Adisa.

The appellant was arraigned before the High Court of Lagos State for the offence of the murder of the deceased, R. A. Adisa. Having heard the evidence of the witnesses for the Prosecution and the appellant, the learned trial judge convicted the appellant and sentenced him to death by hanging. His appeal against the judgment of the trial Court, having been dismissed by the Court of Appeal, Lagos Division, the appellant approached the Supreme Court.

ISSUES:
The sole issue that arose for determination in the appeal was:
"Whether, considering the state of the evidence on record before the Court of Appeal, the lower Court's judgment should be affirmed by this honourable Court?"

DECISION/HELD:
In conclusion, the appeal was dismissed.


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