CHINWE EUGENIA IYIZOBA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Ondo State High Court sitting at Okitipupa in charge NO. HOK/1C/2004 delivered by Akintoroye J. on the 11th day of May 2006, convicting and sentencing the appellant to death for murder of Monday Sedara contrary to section 319 (1) of the Criminal Code Cap 30 Vol. 11 of the Laws of Ondo State of Nigeria 1978.
The Prosecution's case was that on the 1st day of April 2002, the appellant went to the house of the deceased, Monday Sedara over an allegation that he was the one who informed the deceased's brother residing in Gabon that the deceased had mismanaged the money the deceased's brother sent home. A fight ensued between the appellant and the deceased. The matter was reported to the Oba of the town who sent his police orderly to invite the parties to his palace. The prosecution alleged that while the deceased, the Oba's police orderly and some others were on their way to the palace, …