OGUNDARE, J.S.C. (Delivering the Leading Judgment): The appellant was charged before the High Court of the now defunct Bendel State sitting at Afuze with the offence of murder contrary to Section 319 of the Criminal Code of Bendel State; in that he murdered one Oisami Ijiezele on 8th May, 1985.
The case for the prosecution was that at about 11.00p.m. on the fateful day, the deceased and another youngman Oisamaye Ademole (P. W. 1) went to the house of the appellant in search of one Rosemary, a student who was said to be living in the house. They knocked at the door and the appellant, from within the house, asked who it was that was knocking. The deceased and P.W. 1 answered and said "they were looking for Rosemary. On hearing this, the appellant, armed with a matchet, came out of the house and gave the deceased and P.W. 1 a chase. Both men had, on seeing the appellant with the matchet, took to their heels. P.W. 1 escaped but the appellant caught up with the deceased and inflicted a matc…