“The Appellants’ Counsel made so much fuss about the Lower Court placing so much reliance on the confession of the 2nd accused person in Exhibit P8 to affirm the conviction of the 1st accused person, and on the confession of the 1st accused in Exhibit P11 to affirm the conviction of the 2nd accused person. The complaint, assault on and/or the criticism of the undoubted intellectual abilities of the judex of the Lower Court are not only completely misdirected; they are recklessly mischievous and unfounded. There is no ratio decidendi in the lead judgment of the Lower Court (per Obande Obuinya, JCA) from where this guile phantom could be said to have arisen. A ground of appeal, from which an issue for the determination of the appeal is formulated, must flow directly from the decision appealed. It must relate directly to the decision appealed: EGBE v. ALHAJI (1990) 1 N.W.L.R. (Pt. 128) 546 at 590. A purported ground of appeal, and issue for determination formulated, from a phantom decision or ratio decidendi is not only incompetent; it is reckless and mischievous, and a complete abuse of the Court’s process. This Court, indeed every Court, takes serious exception to frivolous and reckless exercise of the right of appeal, particularly those contrived as assault on the integrity of judicial officers.” Per EKO, J.S.C. at P. 9, Para. D.
KAMARU YUSUF v. THE STATE (2019-LCER-36863-SC)
Facts
These two appeals – SC.166/2012 and SC.168/2012 have the same substratum. They emanate from a single trial on the information No. KWS/17C/2008 at the High Court of Kwara State, sitting at Ilorin. Kamaru Yusuf is the Appellant in the appeal No. SC.166/2012; while the Appellant in the appeal No. SC.168/2012 is Adebisi Adesakin. At the Lower Court they were, respectively, the Appellants in the appeals Nos. CA/IL/C.1/2011 and CA/IL/C.52/2011. Judgments in both appeals, dismissing their separate appeals, were delivered on 15th March, 2012: hence, these further appeals.
The Appellants were tried jointly at the trial Court (Halima Suleman, J. Presiding) on information alleging in the four count charge:
COUNT ONE
That you, Kamaru Yusuf (m) Adebisi Adesakin (m) and Salihu Oyewale (m) on or about the 27th day of August 2007 at Ekosin (a village in Osun State) agreed to cause to be done by the duo of Kamaru Yusuf and Adebisi Adesakin an illegal act at Irra Kwara State within the jurisdiction of this Honourable Court, to wit to kidnap for money making rituals one Omobolanle Moses and that the same act was done in pursuance of the agreement, and that you thereby committed an offence punishable under Section 97 of the Penal Code.
COUNT TWO
That you, Kamaru Yusuf (m) Adebisi Adesakin(m) on or about the 27th day of August 2007 at Irra within the jurisdiction of this Honourable Court, did commit an illegal act, to wit you agreed to murder for money making rituals one Omobolanle Moses, 8 years old female child, and the same act was done in pursuance of the agreement, and you thereby committed an offence punishable under Section 97 of the Penal Code.
COUNT THREE
That you, Kamaru Yusuf (m) Adebisi Adesakin (m) on or about the 27th day of August 2007 at Irra Oyun Local Government Area Kwara State within the jurisdiction of this Honourable Court, did commit an illegal act to wit, you kidnapped one Omobolanle Moses an 8 year old female child in order that the said Omobolanle Moses might be killed and her head be used for money making rituals and that you thereby committed an offence punishable under Section 274 of the Penal Code.
COUNT FOUR
That you, Kamaru Yusuf (m) Adebisi Adesakin (m) on or about the 27th August 2007 in a bush at Irra within the jurisdiction of this Honourable Court, did commit culpable homicide punishable with death in that you caused the death of one Omobolanle Moses (a female child of about 8 years old) by doing an illegal act, to wit, you strangulated and severed the head of the said Omobolanle Moses with the intention of causing her death and you thereby committed an offence punishable under Section 221 of the Penal Code.
Dated this day of 2008
J. A. Mumini Esq.
Director of Public Prosecution
Ministry of Justice
Ilorin
Kwara Sate
For Service On
The Accused Persons c/o Ilorin Prison
In these two appeals the Appellants are represented by one Max Ozoaka, Esq. In the summary of facts in paragraph 2.2 of each Brief settled for the Appellants, it is averred, and I agree, that “at the end of the trial (the two Appellants) were found guilty of each of the counts, convicted of all the offences charged and sentenced to death by hanging while the 3rd accused person, Salihu Oyewole, was discharged and acquitted in respect of the entire charge by the trial Court in the judgment delivered on the 7th of July, 2009.”
Issues
i. Whether the Lower Court was right in upholding the admissibility of the extra-judicial statement made by each Appellant (Exhibits P11 and P8 respectively) and using the same in the determination of each appeal.
ii. Whether the Lower Court was right in relying on the legal strength in the case of EGBOGHONOME v. THE STATE (1993) 7 N.W.L.R. (Pt. 306) 383 in placing reliance on Exhibit P11 (for the Appellant in SC.166/2012) and Exhibit P8 (for the Appellant in SC.168/2012) – retracted in determining their respective appeals.
iii. Whether the Lower Court was right in placing reliance on Exhibit P8 (extra-judicial statement of Adebisi Adesakin – SC.168/2012) in convicting Kamaru Yusuf (SC.166/2012), a co-accused; and Exhibit P11 (extra-judicial statement of Kamaru Yusuf – SC.166/2012) in convicting Adebisi Adesakin (SC.168/2012), a co-accused; when none of them adopted the statement made by the other co-accused.
iv. Whether, in view of the evidence before the trial Court, the prosecution proved their case against each of the Appellants beyond reasonable doubt.P.2
Lead Judge(ment)
EJEMBI EKO, J.S.C. (Delivering the Lead Judgment):
Held
Appeal dismissed.
Alternate Citations
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Counsel:
Max Ozoaka, Esq. with him, Chijioke Udegwa, Esq. for SC.166/2012 & SC.168/2012…..For Appellant
And
Eko Ejembi Eko, Esq. for SC.166/2012.
Bela Olotu, Esq. with him, Adesolu F. Ajayi, Esq. for SC.168/2012…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.