ONALAJA, J.C.A. (Delivering the Leading Judgment): The appellant as accused was arraigned upon an information before Ibadan High Court in Ibadan Judicial division of Oyo State High Court and charged with the murder of Mrs. Nike Oyebola on or about 18th May, 1993 at Ibadan, Ibadan Judicial division aforesaid contrary to and punishable under Section 319 of the Criminal Code Cap 30 Vol. II Laws of Oyo State of Nigeria 1978.
The matter proceeded to trial wherein in establishing its case the prosecution called seven witnesses. Upon completion of prosecution's case learned counsel for the appellant made a submission of no case to answer. After a considered ruling the learned Trial Judge overruled the no case submission, thereafter appellant testified for herself and called a medical doctor as her witness.
Learned counsel to the appellant and the prosecution addressed the lower court after the completion of appellant's defence each referred to legal authorities to buttress their submissions.…