P. O. ADEREMI, JSC. (Delivering the Leading Judgement): This is an appeal against the judgment of the Court of Appeal, (Ibadan division) (hereinafter referred to as the court below) delivered on the 26th of March, 2007 upholding the judgment of the High Court of Justice sitting in Ibadan by which the appellant had been sentenced to death by hanging in a charge of murder of one Kehinde Omotanwa contrary to and punishable under Section 319(1) of the Criminal Code, Cap 30, Volume 11, Laws of Oyo State of Nigeria, 1978.
The appellant had been charged before the High Court of Justice sitting in Ibadan for the murder of the said Kehinde Omotanwa (Male) on or about 18th of March 2001 at the New Garage Area, Orita Challenge, Ibadan. After taking his plea, the trial commenced with the prosecution calling five witnesses. The accused/appellant gave evidence but called no witness.
On the 18th of March, 2001, at the deceased's workshop, at New Garage Area, mechanic under one Adeleke Balogun who t…