AJAYI AJILE V. THE STATE

RAPHAEL OLUFEMI ROWLAND, J.C.A. (Delivering the Leading Judgment):The appellant at the Ondo High Court, sitting at Ikare, was charged with the murder of Aduke Ajile - his wife. The appellant Ajayi Ajile was tried, convicted and sentenced to death on 30th July, 1992. This appeal is against the conviction and sentence.

The case of the prosecution was that on 10th January, 1991, the deceased Mrs. Aduke Ajile and her son Omoniyi went to a cassava farm at Adagara, about eight kilometers from Igashi-Akoko, in Ondo State.

The deceased woman, aged about forty years had been married for some twenty-one years to the appellant and had six children for him.

The cassava farm was said to belong to the appellant, the deceased and her son Omoniyi on the fateful day, that is, the 10th of January, 1991, left their village called Igeshi at about 7am to uproot cassava tubers from her husband's farm for the consumption of her family.

The appellant remained at home in Igeshi when the deceased and her sai…