ADEYINKA ALBERT LAOYE V. THE STATE

A. NNAMANI, JSC (Delivering the Leading Judgment): This is indeed a most tragic case. The deceased, Stephen Afere, appellant and 1st prosecution witness, Akintokunde Akindahunsi were all students of the University of Ife, IIe-Ife. They were also friends. On the 15th March, 1982 at about 6.30p.m. the appellant and the deceased, Stephen Afere, went to a house at Ondo Road, Modakeke to collect a book from one Alaba. Incidentally, Alaba lived in the same house as the 1st prosecution witness. As Alaba was not in, and as the book could not be found, the 3 of them i.e. appellant, deceased and Akindahunsi walked back to the campus of the University.

According to the first prosecution witness, he walked slightly ahead of the other two. Then at a point he realised that they were having an argument. When he turned back the two of them were having a scuffle. He moved nearer and found that the argument was over a girl-friend. As he appealed to their sense of reason, the appellant stabbed him on t…