LEWIS, J.S.C. (Delivering the Leading Judgment): In charge no. IK/2C/70 in the Ikeja High Court three accused persons were charged with the murder of Ezekiel Eche before Adebiyi J., sitting with a jury and on the 15th May, 1970 the 1st accused was convicted whilst the other two accused were acquitted. On the 11th February, 1971 we dismissed the appeal of the 1st accused and we now give our reasons for so doing.
The case for the prosecution against the appellant was that on the 15th January, 1969 at Lapuro village near Orugbo the 3rd P.W. heard in the night someone knocking at his door and calling on him to open it. He recognised it as the voice of the 1st accused who was a friend of his. He opened the door, saw the 1st accused wearing a hunter's lamp on his head and said "Oye are you the one?" He was answered by a gunshot and on turning back into his house to get his own dane gun heard another gunshot so he called to his children to run for their lives, but yet another gunshot hit his…