OBASEKI, AG. J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 14th day of October, 1976 and now give our reasons.
The appellant was at Agbor tried and convicted by the High Court of Mid-Western State (Ovie-Whiskey, J., (as he then was) of the murder of Edobor Ekhoragbon on the 12th day of February, 1974 at Abavo bush contrary to Section 257(1) of the Criminal Code Cap.28 Vol.1 - Laws of Western Nigeria applicable in the Midwestern State. He was sentenced to death on the 2nd day of December, 1975 and being aggrieved by the conviction he appealed to this court.
Two grounds of appeal were with the leave of this court substituted for the original grounds of appeal and argued before us by his counsel. These were principally based on facts and read as follows:
"(1) The judgment of the High Court is unreasonable and cannot be supported having regard to the evidence.
(2) The learned trial Judge erred in law and on the facts in convicting the appellant when the case ag…