BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant was convicted of murder in the High Court of Oyo State sitting at Ibadan. The Court of Appeal, by majority decision, upheld the conviction and sentence of death of the trial court; thus the appeal to this court.
The appellant was accused of murder of one Aliu Mohammed, a night guard in the service of Solomon Oluyemi, Akinlawon, P.W.1. In the early hours of 30th October, 1986, the P.W.1 was in bed but not asleep and he heard some noise like that of people jumping over his fence. From the adjacent house and he got up to have a look. His premises, according to P.W.1, was well lit. He went to one of the far rooms to peep and saw "two of the strange men" climbing up the flight of stairs of his house with the deceased pursuing them. The deceased was holding a stick and the strange men who had got near the kitchen got hold of some empty bottles and attacked the deceased after breaking the bottles by hitting him on the head. The…