AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant and one other Defendant were tried, convicted and sentenced to death by the Lagos State High Court for the murder of one Sule Ajala (the deceased), who they allegedly beat to death.
The Prosecutions case, as gathered from their four Witnesses, is that Appellant bought a motor cycle for the deceased and it was agreed that he remits a certain sum of money daily to the Appellant, and that he parks the motor cycle daily at an agreed place for safety. The deceased adhered to this agreement until 30/7/2008, when the Appellant did not see the motorcycle where it should have been, and he went along with the second Defendant to find the deceased.
They met up with him between 12.30am and 1am of 1/8/2008, and without waiting to hear what happened to the said motor cycle, they beat up the deceased and left him in the gutter, where he was discovered dead in the morning hours of that same day - 1/8/2006.
The Appellant testified…