T. O. ELIAS, C.J.N.(Delivering the Leading Judgment): In the High Court, Akure Judicial Division of the Western State, four accused persons, Samuel Onwe, John Odaha, Sunday Ogeyin and Sunday Omirewe, were charged with the murder Gabriel Ezemah on June 5, 1969, at Jemikin Camp near Isho in Akure, and all except the second accused were found guilty of the offence by Fakayode, J., on June 15, 1970.
The learned trial Judge found that the accused persons and Sunday Abo (a soldier who had escaped prosecution because his whereabouts became unknown soon after the incident) had guns with them on June 5, 1969, that they were looking for Ibos, and that the deceased, an Ibo, was one of those given gun-shot wounds by the gangs of the accused on the day in question. Thereupon, he held as follows:
"At least the 1st, 3rd and 4th accused persons and Sunday Abo went out that day with the purpose of killing or causing grievous bodily harm to Ibos. They held guns. I hold therefore that the shooting at t…