DOGO
V.
THE STATE
MODUPE FASANMI, J.C.A. (Delivered the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court of Justice in suit no.I/47/04 delivered on the 22nd of June, 2006.
Briefly, the facts of the case are that Appellant on the 8th day of May, 2003 while on guard as a night watchman murdered one Engineer Isiak Lawal at Adeojo Estate, Old Ife Road, Ibadan. The case of the Appellant according to him was that at about 9.30p.m-10p.m on the 8th of May 2003, the deceased and four other occupants of a Corolla Car came to the gate of the Adeojo Estate at old Ife Road, Ibadan after the said gate had been locked. Appellant accosted them and enquired from them what they wanted. Instead of responding to the Appellant's enquiries, they forced themselves into the Estate after damaging the Appellant's single barrel gun which was issued to him by his employers. Appellant thinking that they were armed robbers ran after them while armed with another gun he took from his co-night or …