IRIKEFE, J.S.C. (Delivering the Leading Judgment): The appellant was convicted of the murder of the deceased in the Ogun State High Court sitting at Abeokuta by Abimbola, J. and sentenced to death. On appeal to the Court of Appeal, both the prosecution and the defence stated that they had nothing useful to urge in favour of the appellant and thereupon his appeal was dismissed.
Before us, Chief Akande for the appellant sought our leave to urge the ground that the evidence produced was inadequate to support the charge as laid. The evidence produced by the prosecution was that the appellant, a nightguard employed to guard two premises, had shot at and killed with his dane gun a man whom he alleged was among a group of men who had come to burgle one of the premises he had to guard which contained cement. There was no direct evidence of the shooting quite apart from the admission by the appellant. There was evidence by 4th P.W. that he heard the report of a gun and that the appellant had t…