ADETOKUNBO OGUNTOLU V. THE STATE

MUSDAPHER, J.C.A. (Delivering the Leading Judgment): Before the Akure High Court in suit No. AK/13C/83 ADETOKUNBO OGUNTOLU, the appellant herein and one Femi Ajewole were both charged with the murder of one William Ojo. It was alleged that William Ojo was murdered by both of them on the 3rd day of July, 1982 at Iju in the Akure Judicial Division contrary to Section 254(2) and punishable under Section 257(1) of the Criminal Code of the former Western Region of Nigeria now applicable to Ondo State.

Femi Ajewole who was the first accused escaped from custody and was not apprehended to face the trial. It was only the appellant who pleaded not guilty to their joint charge. The trial then proceeded against the appellant at the end of which he was found guilty for the murder of William Ojo and was sentenced to death. It is against his conviction for the murder aforesaid, the appellant has appealed to this court. There was only one ground of appeal filed with the notice of appeal, however wit…