The presiding judge also spoke on the defendant’s denial about his parents making statements despite the prosecution tendering the statements. Though asked to call on his parents to corroborate his statement in court, it was gathered that the defendant did not do so.
Justice Sule declared, “In the absence of this evidence, which is possible to create a doubt in the case of prosecution, which could have resulted in the favour of the defendant, I did not believe the defendant when he told this court that his mother did not make a statement to the Police and that he was arrested by the Police on his way from plumbing apprentice work”.
“I hold the considered view that the evidence of the prosecution witnesses and documentary evidence, particularly Exhibits A, D4, F, G-G2 constitute proofs of the prosecution.”
“The evidence is very compelling and leaves no room for acquittal. I hold that the prosecution has proved the ingredients of murder and rape beyond reasonable doubt.”
“The prosecution proved beyond reasonable doubt that the defendant (i) had sexual intercourse with the deceased (ii) that the act was done without her consent (iii) she was not the wife of the defendant (iv) the defendant had the intention and (v) there was penetration.”
“The defendant gave a graphic detail of his crimes. He told the Police that he forcefully had sexual intercourse with the deceased, thus signifying that she did not give her consent.”
“The deceased was not the defendant’s wife, and there was evidence of penetration as the defendant stated in Exhibits G2.”
“It is settled in law, that once a trial court is satisfied beyond reasonable doubt on the evidence offered by the prosecution that the accused committed the offense, a judge is entitled to find him guilty.”
“Consequently, the issue of determination is hereby resolved in favour of the prosecution and against the defendant.”
“I’m thus satisfied, and I so hold that in the evidence before the court, both oral and documentary, more particularly Exhibits A3 and G-G2, the prosecution has therein proved its case beyond reasonable doubt.”
After giving an overview of the trial proceedings, the judge pronounced, “I therefore, find you, Kolade Tosin, guilty as charged”.
“The punishment section for the offence of murder in Section 319(1) of the Criminal Code 2000 admits of no option and has no discretion in court.”
“I therefore, hereby sentence you, Kolade Tosin, to death, by hanging on the neck until pronounced dead. May God have mercy on your soul.”
‘On the rape offence, the judge quoted Section 358 of the Criminal Code, which provides imprisonment for life with or without caning.
She said, “Having found you guilty of raping one Ifeoluwa Apanpa, I hereby sentence you to imprisonment for life without caning.”
The story began in September 2022 when the lifeless body of the victim was found with blood-stained underwear along the road. The mother of the convict found the phone of the deceased with her son and reported it to the pastor of the deceased.
He was arrested by Police detectives at Iyana Offa Divisional Headquarters before his transfer to the Homicide section of the State Criminal Investigation Department, Iyaganku, Ibadan, for further investigation. The convict was 20 years old at the time he committed the offence while the victim was 17.