G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): On the 2nd October, 1975 the appeal in this case was allowed and the conviction for murder of the appellant was quashed and the sentence of death set aside. This court entered a finding of not guilty of the said charge and ordered that the appellant be acquitted and discharged.
The case for the prosecution against the appellant was that around midnight on or about 11th May, 1973, the deceased, who was armed with a matchet, inflicted injury on one of a group of four persons of which the appellant was one. This incident took place in the house of the appellant. He then threatened to kill the appellant with his matchet. On his approach to attack him, the appellant after taking his own matchet in order to ward off the attack, then took to his heels, closely chased by the deceased. There are two versions of what subsequently happened, one was given by the appellant in his statement to the Police which was tendered in evidence as par…