LATIFU YUSUFU V. THE STATE

NNAMANI, J.S.C. (Delivering the Leading Judgment): In the Criminal Division of the High Court of Lagos State the appellant was in Charge No.10/27C/82, charged with the following offence:

"Statement of Offence

Murder, contrary to Section 319 of the Criminal Code.

Particulars of Offence

Latifu Yusufu (m) on the 24th day of July 1980 at Egan Farm, Ibeju Epe in the Ikeja Judicial Division murdered Muinatu Latifu(f)."

At the trial, 5 witnesses testified for the prosecution. The accused gave evidence and called two witnesses. The learned trial Judge, Oshodi, J. after evaluating the evidence before him convicted the appellant and sentenced him to death. The appellant appealed to the Court of Appeal but that Court on 4th November, 1986 dismissed the appeal. The appellant has now appealed to this Court.

Four grounds of appeal were originally filed, but learned Counsel to the appellant, Mr. Nwazojie obtained leave of this Court to file and argue grounds of appeal in substitution of those orig…