K. ESO, J.S.C. (Delivering the Leading Judgment): On 2nd March 1978, when this appeal came up for hearing, and having heard Mr. F.O. Akinrele, learned counsel for the appellant, we dismissed the appeal and indicated that we would give our reasons later . We now give our reasons for the course we took.
The appellant was charged with the murder of one Ifoto Oboluke.
The undisputed facts are that the deceased, Ifoto Oboluke, left her house on Sunday 20th August, 1972 for a religious service but never returned home alive. When the mother did not see her return in the evening she made a report and a search party was organised by the villagers. Those who saw her last said she was riding at the back of a bicycle. The corpse of the deceased was later found that night.
The case of the prosecution in regard to the involvement of the appellant in the matter was based mainly on the evidence of three witnesses; Phillip Umukuro, Umuko Ogberebrume and Ayeferherbe Okotie. The last named person died b…