PAUL JOSEPH V. THE STATE OF LAGOS

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Lead Judgment): This appeal was lodged against the judgment of the High Court of Justice, Lagos State, the lower Court, delivered on January 16, 2025, Coram S.I. Sonaike, J., wherein the Appellant, as accused defendant, was convicted for the offence of murder, punishable under Section 223 of the Criminal Law of Lagos State, and sentenced to death by hanging.

The facts leading to the appeal can be summarized in this manner: On 28/3/2019, the Appellant, and two other policemen, Okolie Patrick and Inspector Nse Obu were on patrol duties at Aguda to Kilo. They were armed with rifles. One Moshood Ademola Ismaila, the deceased, was riding home on his motorcycle when he was stopped by the Appellant’s Patrol team. The Appellant and his team were alleged to have demanded for money from the deceased, which the deceased failed to give. He was rewarded with a gunshot at the back of his head from which he died. The Appellant and his team attempted to esca…