AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): The Appellant and two others were convicted by the High Court of Ondo State and sentenced to death for the murder of Maria Joseph Erhiyore (deceased). Her body was found in a pit latrine behind the house of one Francis Omosaye, three days after she left Okitipupa for Ode-Erinje on 2/6/1995, to buy palm oil.
Following his arrest, the said Francis Omosaye roped in the Appellant and the others, and they were subsequently arrested and arraigned with him. But the said Francis Omosaye, who was arraigned as the second Accused, pleaded guilty to the Charge, and was convicted and sentenced accordingly.
The Appellant, who was the first Accused, pleaded not guilty. At the trial, Prosecution called four Witnesses, including Inspector Omojeje John as PW3, through whom the Prosecution sought to tender the Appellant's Statement to the Police in evidence but he objected thereto on the ground of involuntariness.
The trial Court then conducted a tr…