<p>I. L. KUTIGI, JSC (Delivering the Leading Judgment): In the High Court of Justice holden at Ikole-Ekiti, the appellant was charged with the offence of murder of one Janet Nwafor contrary to section 319(1) of the Criminal Code. He pleaded not guilty to the charge. At the trial the prosecution called five witnesses to prove its case while the appellant testified on his own behalf and called two other witnesses in support.</p><p> The facts of the case are as stated by the single eye witness who testified as PW. 2. She was called Eunice Adenike Agbeniyi. She testified thus:-</p><p> &quot;I knew one Janet Nwafor. She was my mother. She is now dead. I know the accused person. On 3/5/87 at about 5 p. m., I returned from school. I sat at the backyard carrying a child of one woman living in our house. She is Mrs. Adeoye. The accused was where I sat down. A woman then came and stood at the Sabo where Hausa people collect to sell their goods. She called the accused, wishing to buy beans from him. He did not respon…</p>