DANIEL MADJEMU V. THE STATE

WALI, J.S.C. (Delivering the Leading Judgment): The appellant. Daniel Madjemu was arraigned before the High Court of the defunct Bendel State sitting in Warri Judicial Division charged with the murder of his wife, Pancake Daniel on or about the 16th day of July, 1984 contrary to section 319 of the Criminal Code. He pleaded not guilty to the charge. At the conclusion of the trial. Omosun J. [as he then was] found him guilty, as charged and sentenced him to death by hanging.

Being dissatisfied with the decision of the trial court he appealed against it to the Court of Appeal, Benin Division, which dismissed the appeal and affirmed the conviction and sentence imposed on him. The appellant has now further appealed to this Court.

The facts involved are not in dispute and are therefore as follows:

The appellant and the deceased were husband and wife living at No. 6/7 Arubayi Street, Okumagba Layout, Warri. On the 16th of July 1984 the appellant and the deceased went to bed. Between the ho…