ADEKUNLE V. THE STATE

• Pages: 403-415

ADEKUNLE V. THE STATE

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403

ADEKUNLE V. THE STATE

5

EZEKIEL ADEKUNLE

V

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THE STATE

SUPREME COURT OF NIGERIA

BELLO,

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J.S.C.

ESO,

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J.S.C.

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NNAMANI,

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J.S.C.

BELGORE,

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J.S.C.

WALT,

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J.S.C.

15th December, 1989

APPELLANT

RESPONDENT

Suit No. SC 66/1989

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Criminal Law - Murder - Cause of death - Whether attributable to accused act - Parties to

an offence - S.8 Criminal code. Defence - Alibi - Onus of proof

Evidence - Expert Evidence - Medical report - Not specific - Admissibility - Independent

witnesses - Corroboration - Necessity.

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ISSUES:

1.

How is the defence of

Alibi

proved?

2.

Whether there is a necessity for corroborative evidence where there are no

independent witnesses.

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3. Whether an appellant can be convicted of murder where the evidence given by

the doctor was not specific as to the cause of death.

4. Whether a common intention to commit an offence can be inferred from the action

of the parties.

FACTS.:

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The accused was charged in the High Court of Ondo State with murder contrary

to s. 316(3) and punishable under s.319 of the criminal code.

The deceased Felicia Ejide was a woman of about 70 years who had been ill for

about eight years. The members of her husband's family had a meeting at which it

was decided that she be taken away from the compound by her daughter P.W.2 who

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agreed to do so.

On the 26th of July, 1957, P.W.2 accompanied by her aunts PW.3 and P.W.4 arrived

at about 7p.m. to take her away, she tied her mother to her back, as they were leaving

the compound the accused followed them jeering and calling her mother a witch,

he was later joined by other people, the appellant later pulled at her cloth making

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her mother to fall on the ground, while on the ground, he threw heavy block pieces

on the deceased, others joined in throwing the blocks causing severe injuries to the

deceased.

P.W.2 carried her injured mother to her uncle's house and went to lodge a report

to the Police, by the time she came back with the Police her mother had died.

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The High court found the accused guilty and sentenced him to death. The

accused dissatisfied appealed to the court of Appeal which affirmed the decision of

the trial court. The Appellant still dissatisifed appealed to the Supreme Court on the

grounds

inter alia

that the court of Appeal rewrote the medical report.