AFOSI
V.
STATE

IKYEGH JCA (Delivering the Lead Judgment): The appellant, Yekinni Afosi, appealed against his conviction and sentence to death by the High Court of Justice of Ogun State holden at Ijebu-Igbo for the murder of one Mufutau Amusa on 23August 97. According to the evidence for respondent, the deceased tried to intervene in a quarrel between the appellant and the 3rd PW, one Musibau Elesin, whom appellant had accused of shining a torchlight on his face. In the course of trying to pacify them, appellant turned choleric. He cursedthe deceased ceaselessly in the presence of the 1st PW, the deceased’s wife. Within a jiffy, appellant entered his house and emerged with a knife, which he used in stabbing the deceased in the back. The deceased slumped to the ground from the knife blow. Those present at the scene of incident raised alarm. The alarm woke 2nd PW, the deceased’s brother, from sleep. He came to the scene. He tried to hold appellant who turned and stabbed him in the arm with the knife.…