A. ADEMOLA, C.J.N. (Delivering the Leading Judgment): The appellant who was tried for murder in the High Court at Ikeja, by a judge and jury, was convicted on the 6th April, 1971, and sentenced to death. From that judgement he has now appealed.
The deceased, one Alhaji Umoru Takarda, was a kola nut trader living at Ifo (half way between Abeokuta and Lagos) and trading between Ifo and Agege. It would appear that Alhaji Umoru Tarkarda had left kola nut for sale with one Lawani Yaro Kano at Agege. The Alhaji (deceased) came to collect the money and on the 18th July, 1969, having collected a sum of 695 pounds from his friend Lawani Yaro Kano at Agege, left for Iro that night about 10 p.m. On the way to Ifo he had to pass through a few military posts. At Alakuko village, a few miles from Agege, the deceased, who was riding on the pillion of a motor bicycle, was searched by two army guards on duty. The motor cyclist and the deceased, who was carrying money in a cement bag, were handed to t…