BAYO ADELUMOLA V. THE STATE

C. A. OPUTA, JSC (Delivering the Leading Judgment)

The Appellant Bayo Adelumola was arraigned before Okuribido, J. of the Lagos State High Court, on the 17th November 1983, on a charge of murder. The facts of the case lie within a comparatively short compass and are not very much in dispute. The prosecution's case was that on the 10th July 1982 at about 1.30 p.m. at No. 10 Alayaki Court, Lagos, the Appellant had a row with one Ganiyu over a 10k coin. The row developed into a fight. During this fight one Wusamotu Alade called as P.W.3 entered the house. She saw the Appellant and Ganiyu fighting. She also saw Iyabo, the sister of Ganiyu, now deceased, holding an empty bottle. The P.W.3 pulled Iyabo aside and removed the empty bottle from her. P.W.3 also separated the Appellant and Ganiyu. One Adamo Sule called as P.W.2 helped to separate the Appellant and Ganiyu. P.W.2 then took Ganiyu outside the house but still within the compound. Later on, the P.W.2 heard the shout of fire! fire! and…