A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 16th day of December, 1976, and indicated that we would give our reasons at a later date. We now give our reasons.
The appellant was tried by Savage, J., in the High Court of Lagos State and convicted for the murder of Esther Inije contrary to Section 319 of the Criminal Code.
It was against the conviction that the appellant lodged his appeal. Three grounds of appeal were filed against the judgment. But at the hearing of the appeal, the learned counsel for the appellant, wisely, in our view, informed the court that on the evidence accepted by the trial Judge, he had nothing to urge in favour of the appellant.
We now state the facts of the case accepted by the learned trial Judge.
Ten witnesses were called by the prosecuting counsel and they all gave evidence. The accused person himself gave evidence in his own defence.
It was common ground that the appellant and the deceased were husband and wife …