MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of P.I. Odunwo J. of the High Court of Justice, Ondo State sitting at Ikare Akoko delivered on 14th day of May 2008.
The Appellant was charged with murder contrary to Section 316 (2) of the Criminal Code cap 30 Vol. 11 Laws of Ondo State of Nigeria 1978. The case of the prosecution against the Appellant was that on or about the 9th day of July 1999 at Agbaluku Arigidi Akoko in Ikare Judicial Division the Appellant killed one Sadiq Jimoh by hitting him on the head with an axe.
The late Sadiq Jimoh was hired by the daughter of PW1 one Fausatu Kolade as a labourer in the farm leased from PW2. When PW1 heard that the hut in her daughter's farm had collapsed, she went to look for the deceased in the house. When PW1 got to the house of the deceased, she was told that the deceased went to her daughter's farm and had not returned. On getting to the farm, PW1 saw the Appellant (a stranger) …