From Lemmy Ughegbe, AbujaIT was a sad end for an Ibadan-based panel beater, Mr. Emmanuel Olabode yesterday as the Supreme Court affirmed his death sentence for burning an apprentice, Kehinde Omotanwa to death about eight years ago.The Court of Appeal, Ibadan Division had on March 26, 2007 upheld the decision of an Oyo State High Court, which sentenced Olabode to death by hanging.In his bid to escape the hangman's noose, Olabode approached the apex court, praying it to upturn his conviction and the consequent death penalty passed on him.But in a unanimous decision of the five-man panel, the court held that the appeal lacked merit and accordingly dismissed it.In the lead judgment prepared by Justice Pius Aderemi, he espoused the facts of the case thus: "On the 18th of March, 2001, at the deceased's workshop at New Garage Area, Orita Challenge, Ibadan, Oyo State, where he (deceased) was an apprentice mechanic under one Adeleke Balogun, who testified as prosecution witness 1, the accused, a panel beater, poured petrol on the deceased and set him ablaze."Consequently, the deceased sustained severe burns all over his body. On seeing that the deceased was burning, the accused hastily left the scene of the incident and went to hide himself somewhere unknown."The deceased was taken to Adeoyo State Hospital, Ibadan where he was admitted for medical treatment."At a point in time after the incident, the accused surfaced in the hospital to see the deceased on admission for treatment. There, he undertook, in writing, to be responsible for the medical bill of the deceased, the written undertaking was tendered in the course of the proceedings."However the deceased died after 14 days thereafter."Justice Aderemi recounted further that after the demise of Omotanwa, the accused was charged for murder contrary to and punishable under section 319 (1) of the Criminal Code, Cap 30, Volume 11, Laws of Oyo State of Nigeria, 1978.He pleaded not guilty to the charge. But after taking evidence from eyewitnesses, the High Court convicted him and sentenced him to death by hanging. He appealed to the Court of Appeal, Ibadan but lost.Olabode finally appealed to the Supreme Court, which he told that the charge was not well explained to him at the trial stage.On that issue, Justice Aderemi said: "I have had a careful reading of the whole record of proceedings. I also find nothing suggesting that the accused did not understand the charge when read and explained to him."In fact, there is on record that the accused was educated up to the school certificate level."In conclusion, for all I have said, this appeal in my judgment is unmeritorious. It must be dismissed and it is accordingly dismissed. The judgment of the court below affirming the conviction and the sentence passed on the appellant by the trial court is also affirmed here
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