MUSA SOKOTO V. THE STATE

M. NASIR, J.S.C. (Delivering the Leading Judgment): The Appellant was tried by Bakare J. with a jury for the offence of murder of one Audu Kano. He was duly convicted and sentenced to death. He appealed to this court. On the 5th of February, 1976 we heard and dismissed the appeal. We now give our reasons.

The facts are as follows- on the 6th of November, 1971, at about 11.00 p.m., the Appellant came to Daddy Alaja Street, Lagos, where he met the deceased (Audu Kano) together with some other persons including Audu Gogobiri Sokoto (P.W.2) and Momoh Sokoto (P.W.4). The Appellant and the deceased had some arguments concerning the deceaseds wrist watch. This argument developed into a fight and Gogobiri (P.W.2) went to separate the combatants and the Appellant stabbed him. Gogobiri left them to inspect his wound. A shot time later, the Appellant stabbed the deceased and tried to run away. He was chased and caught. Two knives (Exhibit A - a dagger and Exhibit B - a pen knife) were found on t…