AYO GABRIEL V. THE STATE

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant, Ayo Gabriel, was found guilty of murder after a trial at Owo in the High Court of Ondo State and sentenced to death. His appeal to the Court of Appeal, Benin Branch was dismissed. The accused was the husband of the deceased and both lived together at Irugbe Street, Owo in the house of Chief Bolade Arala. The couple were in the habit of fighting. On 23rd day of November, 1983, the landlord, Chief Arala (P.W.2), arrived at the house and saw a large crowd at the door of the accused. That was at about 10 p.m. The appellant and his wife had been fighting all day with their door locked. The P.W.2 on getting to appellant's door knocked and appealed to the appellant to open the door. All along, the deceased was shouting for help. Instead of opening his door for P.W.2, the appellant shouted a threat: that if the P.W.2 did not leave his door, he would come out with his matchet to decapitate him (P.W.2). A report was therefore lod…