P. NNAEMEKA-AGU, J.S.C (Delivering the Leading Judgment): This is a further appeal by the accused person, Francis Asanya from the judgment of the Court of Appeal Benin Division, which had on the 30th June, 1989, confirmed his conviction on a charge of murdering his wife, Theresa Asanya, contrary to Section 254(1) and punishable under Section 257(1) of the Criminal Code (Cap.26) Laws of Western Nigeria, 1959 applicable in Ondo State and the sentence of death passed upon him. At the trial before Ogunleye, J., the prosecution had called six witnesses and the accused person (hereinafter called appellant) testified on his own behalf and called one witness.
The facts of the case as established in the court of trial are straight-forward. The appellant lived in a one-room apartment at Ajede Camp in Owo Local Government Area of Ondo State until 26th October, 19S3. His landlord was one Mr. Elegbeleye who testified at the trial as P. W.1. At about 12 mid-night on 26.10.83, P.W.1 heard a female v…