“An issue for the purpose of an appeal is a substantial question of law or fact or both arising from the grounds of appeal which, when resolved, one way or the other, will affect the result of the appeal. See Chief Imonikhe & Anor. V Attorney-General Bendel State & Ors. (1992) NWLR (Pt. 248) 396 at 407.” Per ONNOGHEN, J.S.C. at P. 8, Para. F.
DAVID UCHE IDEH v. THE STATE (2019-LCER-36850-SC)
Facts
The Appellant herein, was arraigned before the Ogun State High Court holden at Abeokuta on the 1st of July 2015 on a one count charge of murder contrary to Section 316 and punishable under Section 319 of the Criminal Law of Ogun State.
The particulars of the offence are that on or about the 28th of March, 2014, at Block 11, Flat B, Laderin Estate, Abeokuta, the Appellant murdered Olufunmilayo Timeyin, a retired Chief Magistrate of the Ogun State Judiciary. Appellant pleaded not guilty to the charge. In order to prove its case, the prosecution called nine witnesses and closed its case. The appellant then as an accused testified in his defence and did not call additional witness. Learned Counsel for the respective parties addressed the Court. In a reserved and considered judgment delivered on the 15th July 2015, Akinyemi J. found the appellant guilty as charged and sentenced him to death by hanging by the neck until he be dead.
The Appellant’s appeal to the Court of Appeal, Ibadan Division was on the 30th June, 2016 dismissed. He has now brought this appeal.
Issues
“Whether the Learned Justices of the Court of Appeal correctly found the trial Court’s decision to refuse Appellant’s Counsel’s application for psychiatric examination of the Appellant as not in violation of the Appellant’s right to fair hearing or any other right in the entire circumstances of the case.”
Lead Judge(ment)
PAUL ADAMU GALUMJE, J.S.C. (Delivering the Lead Judgment)
Held
Unanimously dismissing the appeal.
Alternate Citations
Read Full Judgment
Counsel:
Mr. F. Dailey with him, O. A. Olude…..For Appellant
And
Dr. Olumide Ayeni (A.G. Ogun State) with him, Adekunle Manuwa, Ishaq Apalando, Abdul Basit AbdulMalik and Miss Mary Warribo…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.