CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of T. O. Awoloye J. of the High Court of Justice Ilesha Osun State in charge No. HIL/12C/99. The State v. Ojo Adeyeye delivered on the 26th July, 2001 wherein the accused was tried, convicted and sentenced to death on a one count charge of murder contrary to Section 319 of the Criminal Code Cap 30 Vol. II, Laws of Oyo State 1978 as applicable in Osun State of Nigeria. The offence for which the accused was charged reads as follows:
"STATEMENT OF OFFENCE
MURDER: Contrary to Section 319 of the Criminal Code Cap 30 Vol. II Laws of Oyo State of Nigeria now applicable to Osun State.
PARTICULARS OF OFFENCE
OJO ADEYELE 'M' on about 5th day of February, 1997 at about 7.30 hours at Iwori Aba Odole village in the Ilesha Judicial Division murdered one Babalola Ezekiel 'M'."
Upon the charge being read to the accused, he pleaded not guilty. The case proceeded to be heard with the prosecution callin…