DAVID OBUE V. THE STATE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellant has appealed to this court from a judgment of the Western State Court of Appeal, Ibadan, which confirmed the conviction for murder and sentence of death passed on him, by the High Court of the Western State at Ado-Ekiti on 25th March, 1974.

The case for the prosecution is that the incident on which the charge is based took place on 1st May, 1973. The evidence of two prosecution witnesses which was relied upon is that of the 6th and 2nd prosecution witnesses in that order. The 6th prosecution witness in his evidence said:

".......... I know Chief Emmanuel Ogunmola, he has since died. On 1/5/73 I went to the farm that morning. On my way home at about 9 a.m. I met the deceased on the way. He was working in his farm by the road side. At his request I loaned him 50K.......................

"XXd:- When I saw the deceased he wore only singlet with which he worked in his farm................................................

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