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A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal came up for hearing on the 24th day of January, 1991 and after hearing counsel for the appellant in oral argument and reading the briefs filed by the parties together with the record of proceedings and judgment, I found the appeal totally devoid of merit. I then dismissed the appeal, affirmed the decision of the Court of Appeal and reserved the reasons for my judgment till today. I now proceed to give the reason.
The appellant was arraigned before the High Court of Ogun State, Sagamu, and tried for the offence of the murder of Florence Fadeke Ogundiyan contrary to Section 319(1) of the Criminal Code Cap. 29 Vol. 11 Laws of Ogun State of Nigeria and convicted. She was then sentenced to death. The short facts of the case are as follows:
The appellant and the deceased were wives of Thomas Adewale Ogundiyan. They were married to him under customary law which allows polygamy. Apparently, the appellant and the deceased nā¦