ABEKE ONAFOWOKAN V. THE STATE

KAZEEM, J.S.C: (Delivering the Leading Judgment): In this appeal, the appellant was the 1st Accused person at the trial. She and her daughter, one Adesunbo Onafowokan, who was then the 2nd Accused person, were convicted by Bakare, J. at the High Court of Lagos State for murdering one Ganiyu Shittu the deceased on 22nd April, 1981 at Lagos. They were both sentenced to death. On an appeal to the Court of Appeal in Lagos, against those convictions, the appeal of Adesunbo, the daughter, succeeded on the ground that the case against her was not proved beyond reasonable doubt, and her conviction was quashed. She was thereafter acquitted and discharged. The mother, (the present Appellant) has further appealed to this Court against the decision of the Court of Appeal.

It is necessary for a better understanding of the whole case to set out the facts as well as the evidence adduced at the trial by both the prosecution and the defence. The prosecution's case was that on 21st April, 1981 the fam…