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M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): This appeal was summarily dismissed on the 22nd day of September, 1988 and we intimated then that our reasons for the dismissal would be given today. I now state my reasons.
The appellant together with three others were arraigned in the High Court of Lagos State before Oguntade, J. (as he then was) on a charge of murder. The appellant was convicted and sentenced to death while the other accused persons were discharged and acquitted.
The facts of the case as found by the learned trial judge are as follows. On the 4th of June, 1983 one Elizabeth gave birth to a baby. P.W.3 - the daughter of Macaulay Isong, now deceased, was asked by her mother P.W.2, to go and assist Elizabeth with her chores. Whilst with Elizabeth, P.W.3 was asked by the former to gather her clothes from a drying line as it was about to rain. In collecting the clothes P.W.3 mistakenly collected also the pant of the 4th accused person who is a lady. Because the 4th …