Justice Mojisola I. Sule of the Oyo State High Court, sitting in Court 9 in Ibadan, on Monday convicted and sentenced Kolade Tosin to death by hanging for the murder of 17-year-old Ifeoluwa Apanpa. The convict was also handed a life imprisonment sentence for raping the teenager before killing her.
The incident occurred on September 17, 2022, at the Olodo area in Ibadan. The prosecution team, led by the Oyo State Attorney General, Abiodun Aikomo, presented four witnesses to establish the case. These included the deceased's father, ACP Arimiyau Apanpa (retired), who testified as PW1; the deceased's pastor, Olusegun Ajulo, as PW2; Corporal Ayoade Quadri of Iyana Offa Divisional Headquarters as PW3; and ASP Segun Oladunjoye of the State Criminal Investigation Department, Iyaganku Ibadan, as PW4. The accused, Tosin, was the sole defendant.
Before delivering the judgment, Justice Sule noted that the accused claimed he never gave a statement to the police. However, the court found that the police had fully complied with the law when taking the statement in the presence of his parents, leading to its admission as evidence. The judge stated, "It is a settled principle of law that a litigant will not be allowed to blow hot and cold at the same time. I hold in agreement with the prosecution that the defendant's denial of making a statement to the police later in his defense is an afterthought and cannot avail him."
The judge also addressed the defendant's denial about his parents making statements, despite the prosecution tendering those statements. Although the defendant was asked to call his parents to corroborate his claims, he did not do so. Justice Sule declared, "In the absence of this evidence, which could have created doubt in the prosecution's case and possibly favored 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 on his way from plumbing apprentice work."
The judge further stated, "I hold the considered view that the evidence of the prosecution witnesses and documentary evidence, particularly Exhibits A, D4, F, G-G2, constitute proof 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."
Detailing the rape charge, Justice Sule said the prosecution proved that the defendant had sexual intercourse with the deceased without her consent, that she was not his wife, that he had the intent, and that penetration occurred. She noted, "The defendant gave a graphic detail of his crimes. He told the police that he forcefully had sexual intercourse with the deceased, signifying that she did not give her consent. The deceased was not the defendant's wife, and there was evidence of penetration as stated in Exhibits G2."
After reviewing the trial proceedings, the judge pronounced, "I therefore find you, Kolade Tosin, guilty as charged. The punishment for murder under Section 319(1) of the Criminal Code 2000 admits no option and gives no discretion to the court. I therefore sentence you to death by hanging on the neck until pronounced dead. May God have mercy on your soul."
On the rape offense, the judge quoted Section 358 of the Criminal Code, which provides for life imprisonment with or without caning. She said, "Having found you guilty of raping Ifeoluwa Apanpa, I hereby sentence you to imprisonment for life without caning."
Immediately after the judgment, prison escorts handcuffed the convict and removed him from the courtroom to be held in safe custody pending transfer to the Agodi Custodial Centre of the Nigeria Correctional Service.
The case began in September 2022 when the victim's lifeless body was found with blood-stained underwear along a road. The convict's mother discovered the deceased's phone with her son and reported it to the deceased's pastor. Tosin was arrested by police detectives at Iyana Offa Divisional Headquarters and later transferred to the Homicide section of the State Criminal Investigation Department in Iyaganku, Ibadan, for further investigation. During interrogation, he reportedly confessed to the crime but denied it during the court hearing. The convict was 20 years old at the time of the offense.
