FATAYI- WILLIAMS, J.S.C. (Delivering the Leading Judgment): The appellant was tried in the High Court, Ijebu-Ode, on a charge of murder. He was alleged to have murdered one Asani Bakare at Ibipe Street, Ita-Ala, Ago-Iwoye, on the 17th February, 1970.
According to Saidu Bakare (5th P.W.) the son of the deceased and a full brother of the accused, the accused, prior to the incident, had not been on speaking terms with their father (the deceased) because the accused was not satisfied with the action of the deceased in providing a wife for the 5th P.W. and none for him (i.e. the accused).
On 17th January, 1970, Risikatu Saidu (6th P.W.) and the wife of the 5th P.W. heard a gun shot. As a result, she went to the corridor of their house and there found the deceased on the ground writhing in pain while the accused stood by his side holding a gun (Ex. "C"). She then raised an alarm and other neighbours came to the spot.The deceased died soon after of haemorrhage resulting from gunshot wounds. …