G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): At the hearing of this appeal on the 3rd October, 1974, we allowed the appeal of the appellant, quashed his conviction for manslaughter and ordered his acquittal. We then stated that we would give our reasons later for taking this course and now do so.
The appellant was charged, along with two others, with the murder on the 8th April, 1972, of one Theophilus Kehinde. He was tried at the Ibadan Assizes (Odunlami J.) convicted as charged and sentenced to death. The appellant was the 1st accused and the other two persons were discharged and acquitted. The case for the prosecution against the accused persons was that on the day of the murder, that is the 8th April, 1972, the accused persons, who were soldiers, were on a special escort duty to transport money from the Central Bank to Benin City. The escort gang had to pass through Ibadan and, according to the present appellant, the leader of the gang, Corporal Edem (9th P.W.), recei…