GANIYU OLATOKUNBO OLADIRAN V. THE STATE

KAZEEM, J.S.C. (Delivering the Leading Judgment): The appellant was charged with the murder of his wife, one Modupe Ajuah Oladiran under Section 254 of the Criminal Code, Cap.28 of the Laws of Western Nigeria (applicable in Oyo State), and was convicted by Ogundere J. at the High Court of Justice, Ibadan on 25th August, 1983. He was then sentenced to death.

The facts leading to the conviction are straight-forward. Apparently, since the marriage of the appellant and his wife - the deceased - in 1980, the situation in their matrimonial home had not been quite peaceful. There had been allegations of infidelity and bickering by both parties which had been taken to their parents-in-laws for settlement. Particularly, the deceased had always accused the appellant of showing immoral interest in their maid, a girl of about 13 or 14 years of age; and that he was bringing other women to the matrimonial home in her absence. On the other hand, the appellant had also accused the deceased of smoking…