G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The appellant was convicted for murder at a jury trial in the Lagos High Court. By leave of court the original grounds of appeal filed were withdrawn and fresh grounds (3) were substituted and argued.
The facts of the case were that the deceased Adio Braimoh died as a result of the stab wound inflicted on him by the appellant. In his statement to the Police, the appellant stated that the stab wound was inflicted accidentally. In his oral evidence for defence he stated that he inflicted the stab wounds in self-defence when he was being attacked by deceased and several other persons.
The learned trial judge in a very meticulous summing-up referred to the case which the prosecution made out, that the accused deliberately entered the premises where the deceased was living and stabbed him. There was no question of any accidental stabbing or acting in self-defence or provocation. The jury returned a verdict of 'Guilty' and the appella…