A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 21st December, 1995, Idahosa, J. of the High Court of Edo State, sitting at Benin City, convicted Appellant for the murder of lsioma Okutu contrary to section 319(1) of the Criminal Code Law, Cap. 48, Vol. 11 Laws of Bendel State applicable in Edo State and sentenced him to death by hanging.
On the 20th April, 1999 a unanimous Court of Appeal, Benin Division sitting at Benin City dismissed the appeal of Appellant against his conviction, and affirmed the conviction and sentence.
The appeal before us is against the decision of the Court or Appeal above indicated.
The Facts
The facts of this case are that Appellant and the deceased who are both mechanics are friends. The deceased was working in a workshop managed by an Elf Petrol Station. Appellant worked in a neighbouring garage. They were on 4/7/94 engaged in a fight. They had been separated, before the Manager of the Elf Petrol Station (PW 1) arrived. On arrival, the…