ELIJAH UKOH V. THE STATE

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): We dismissed this appeal at the hearing on the 11th January, 1972 and now give our reasons for doing so. The appellant was charged before the High Court, Ado-Ekiti (Western State) with the murder of one Kalu Adule. He was tried by Craig, J., convicted as charged and sentenced to death. He appealed to the Western State Court of Appeal and on the 20th April, 1971, his appeal was dismissed by that court. The appellant was a friend of Kalu Adule, now deceased, and both of them lived in a room in the house of one Peter Ajayi who was called as the 4th prosecution witness to testify at his trial. He lived in another section of the same house and in the course of his evidence before the court that heard the case, he stated as follows:

"At about 2.00 a.m. on 28/10/68, I heard the loud sound of something crashing. I was in my room and the sound came from another part of the floor. It was a bungalow. I then shouted on one Sule Otubu. He t…