T. O. ELIAS, C.J.N. (Delivering the Lead Judgment):
The accused was charged with and convicted of the murder of one Robert Akpan Ekerete contrary to Section 254(1) and punishable under Section 257(1) of theCriminal Code, Cap. 28, Volume 1, Laws of Western Nigeria, 1959, on June 6, 1970 by Johnson, J., at the Ondo Judicial Division of the High Court of the Western State of Nigeria. On October 20, 1970, the Western State Court of Appeal dismissed his appeal. After hearing his appeal on August 14, 1972, we dismissed it as without merit. We now give our reasons for so doing.
The facts of the case may be briefly stated as follows: According to the accused's own three confessional statements (Exhibits A, C and D), all of which were admitted without any objection, the accused said in Exhibit A that he was accompanied by his younger brother (Udo Jimmy) during the month of March, 1967 from their home town in the South-Eastern State to Okekale Camp via Oboto in Okitipupa Division of theWestern St…