IN THE HIGH COURT OF JUSTICE OF KWARA STATE OF NIGERIA
IN THE ILORIN JUDICIAL DIVISION,
HOLDEN AT ILORIN
ON MONDAY THE 6TH DAY OF NOVEMBER, 2017
BEFORE HIS LORDSHIP:
HON. JUSTICE M. A. FOLAYAN – JUDGE
SUIT NO. KWS/40C/2017
BETWEEN:
THE STATE …………………………………………….. COMPLAINANT
AND
1. RASHEED IKUDAYISI }
2. RASAQ OJUEKUN }……………………….. ACCUSED PERSON
3. BAYO IKUDAYISI }
JUDGMENT
The accused persons were charged before this court with the offences of criminal conspiracy and attempted culpable homicide. The two offences are punishable under Section 97 and 229(1) of the Penal Code. The prosecution called 8 witnesses and tendered Exhibits which include 5 gun pellets, Honda Accord Car and statements of accurseds. The accused persons testified for their defence and called 6 witnesses, altogether 9 witnesses testified for the defence. It is alleged that the 3 accused persons conspired and attempted to kill one Muritala Ishaq by shooting him on his head.
The prosecution opened their case by calling the Exhibit Keeper who tendered 5 gun pellets and Honda Accord Car with Registration No. AFN 341 MG and without objection they were admitted and marked Exhibits A & B respectively. The alleged victim of attack testified as PW2. In his evidence, he said he operates Tipper and he is in business of supply of granite shaft and soft sands to building sites. That day his elder brother, one Saadu Atanda called and told him to meet him at Oko-Olowo Tipper Garage. He got there at 5:45pm as agreed and his elder brother gave him the sum of N200,000.00 to make supply to some people the following day. After about 30 minutes, he entered his car and drove off. There was traffic and slow movement of vehicles and he was following behind about 4 trailers. On getting to a place called Iyana Alawo, the road was rough and the movement of vehicles was very slow. Another trailer appeared from the opposite direction which caused a hold-up and he switched off the engine of his vehicle, when he was a motorcycle which suddenly overtook him and came in front of his car, he talked to them with annoyance asking them whether they where blind. He could recognize the 1st and 2nd accused persons, he tried to come out of his car and the 1st accused and the 3rd person who he didn’t know came to his side and said they had been searching for him and he should consider that day as the last day of his life on earth. He started begging them but the 1st accused and that other man hit him with a wood on his head and he sustained injury on his hand because he used his hand to defend his head. The 1st accused then shot him on his head, he was behind the steering and he could not see or hear anything again. Even though he could not see he moved the vehicle from that open door and moved in a director in the bush and ended up hitting a tree, he managed to come out through the window of his car and ran to the main road in a bid to run to Iyemoja village.
He then heard the voice of the 2nd accused telling some boys to make sure they kill him. The boys ran after him and caught him. He started begging them but they told him they had paid for his life. They took him to the other side of the road and one of them took his phone from his pocket and switched the light on, and on seeing how blood was gushing out of his head one of them said they should not waste their bullet that he could not survive. He had money in his pocket where they took the phone from but they did not take the money. The boys were leaving and he heard the 2nd accused asking them it they had killed him and they said he cannot survived. After that he got up and started running towards the village. He could not get any of the passing vehicles to help him. He removed his shirt to tie his head to stop the blood from gushing out. When he got to the village the first 3 men he saw sitting and relaxing in front of their house ran inside as they saw him running towards them soaked in blood. He begged them to take him to the hospital. They said the only person who has a vehicle in that village had gone on, thank you visit to some other villages. They offered to take him on a motorcycle but he could not ride on a bike. He managed to contact his elder brother on a phone given to him by one of the villagers. His brother came and took him to a native doctor called Baba Sariki Dangi who used native method.
SENTENCE
I have considered the plea of mercy urged on this court by the learned counsel for the convicts, however this is a grave offence that carries life imprisonment. As rightly said by the learned counsel the court has a discretion to impose fine in lieu of prison term in deserving circumstance. It is bad enough to have a physical combat or hit one with a wood, but it is grave when it comes to the use of gun aimed at the head of an opponent. I only hope that the convicts being first offenders will turn a new leaf and run away from violence. A repeat of this type of offence under the same Section 229 of the penal code gives no option of fine. I hope that the court show of mercy here will calm the convicts and they will resolve to become good citizens of this country.
On the offence of criminal conspiracy each of the convict sentenced to 2 years imprisonment of N50,000.00.
On the attempted culpable conspiracy each of the convict sentenced to 2 years imprisonment or 50,000.00 fine.
On the attempted culpable homicide punishable under Section 229 of the Penal Code, each of the convict is sentenced to 7 years imprisonment or N200,000.00 fine.
The sentences are to run concurrently.
HON. JUSTICE M.A. FOLAYAN
JUDGE
6/11/17
Evidence on oath show that DW8 and DW9 arrived at 3rd accused’s clinic at about at about 4:30pm and that DW9 arrived from Lagos that day. All these are material contradictions that renders the defence of alibi of the accuseds unreliable and the only possible conclusion one can draw is that all the accuseds have formulated the stories to pull a wool on the face of the court. The only inference that can be drawn from the contradicting and inconsistent stories of the witnesses is that they are liars and they intend at all cost to cover up their criminal acts of attack on the person of PW2. I have no doubt in my mind that the 3 accuseds committed the alleged offences. I hold that they have failed to discharge the evidential burden on the m to establish their defence of alibi.
In the conclusion, I hold that the prosecution has their case beyond reasonable doubt and from the above evaluation of the accuseds’ evidence based on the defence of alibi, I hold that the accuseds have failed to convince the court that they were elsewhere at the time of the commissioner of the offences.
The 3 accused persons are hereby found guilty of the two charges and are accordingly convicted as charged.
HON. JUSTICE M.A. FOLAYAN
JUDGE
