HUSSEIN MUKHTAR, J.C.A.(Delivering the Leading Judgment): The appellant has, by this appeal, challenged his conviction and sentence to death, under section 319 of the Criminal Code of Lagos State, in the judgment delivered by the High Court of Lagos State (the court below) on the 31st March, 2006 by Oyebanji, J.
The appellant was charged with the murder of one Femi Osidele on the 9th June, 2000 at Ikotun in Lagos State.
The prosecution produced Mrs. Mobolaji Abiodun Suberu the aunt and guardian of the deceased as the sole prosecution witness at the trial (P.W.1.), out of the five witnesses listed in the proof of evidence (see page 4 of the record of appeal).
The defence made a no case submission which was dismissed, after which the appellant testified as the sole witness for the defence (D.W.1).
In a well considered judgment dated 31st March, 2006 delivered by the court below, the learned trial judge found that there was sufficient circumstantial evidence to warrant the conviction of…