AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): The Appellant was tried and convicted by the High Court of Ondo State, for the murder of two persons - Stephen Ogbeche [first deceased] and his son, John Ogbeche, [second deceased]. He was sentenced to death.
The Prosecution called five Witnesses and tendered four Exhibits, including the Appellants Statement to the Police, which he had objected to on the ground of involuntariness. The trial Court conducted a trial-within-trial and found that the Statement was indeed made voluntarily, and the Statement was thereafter admitted in evidence as Exhibit P2.
In his defence, the Appellant denied the Charge and gave his own version of what transpired on that day, which amounted to self defence. He testified that he accompanied "Julius Ogbeche" to obtain a loan of N4, 000.00 from Stephen Ogbeche (first deceased), which he gave him, on condition that Julius pays back N8, 000.00 at the end of November.
When the loan became due, the first dece…