BELLO, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of the Mid-Western State holden at Agbor convicting the appellant of murder and sentencing him to death under Section 257 (1) of the Criminal Code, Laws of the Western Region of Nigeria 1959, (which is applicable in the Mid-Western State, on 26th March, 1975.
The charge alleged that on 23rd July, 1972, the Appellant murdered one Catherine Obuh. The evidence adduced by the prosecution shows that on the day in question there was a rampage at Umunede village by some soldiers stationed there, and in the course of the rampage, the appellant struck Catherine Obuh on her back with the butt of his rifle and thereby caused her death. The incident started in this manner: a cyclist had apparently obstructed the passage of the appellant's car and that after the car has over-taken the cyclist, the appellant stopped the car, alighted from it with three other soldiers and began to assault the cyc…