G. B. A. COKER, J.S.C.(Delivering the Leading Judgment): The appellant was charged with and convicted of the murder, at Eriwu Village farm, Ago-Iwoye, on or about the 26th September, 1968, of one Yesiratu Seidu. He was tried by Abina, J., (High Court, Ijebu-Ode, Western State), convicted as charged and sentenced to death. He appealed against his conviction to the Western State Court of Appeal which dismissed his appeal on the 10th December, 1970. He then appealed to this court. His appeal to this court was dismissed on the 14th August, 1972 and, as stated then, we now give our reasons for doing so.
The case against the appellant rested substantially on the evidence of two prosecution witnesses and his own statement to the Police. At his trial, he was completely mute and did not utter a word and so the learned trial Judge decided first of all to try the issue as to whether he was mute of malice or mute by the visitation of God. There was before the learned trial Judge abundant evidence…