A. NNAMANI, J.S.C. (Delivering the Leading Judgment): The appellants and 1 other were on 27th February, 1977 convicted and sentenced to death by Gbemudu, J., having been found guilty of murder (of one Sunday Egerega) punishable under Section 257 (1) of the Criminal Code Cap.. 28 Vol. 1, Laws of the former Western State of Nigeria 1959, applicable in the Bendel State of Nigeria. They all appealed to the Federal Court of Appeal, Benin Judicial Division which in a reserved judgment delivered by Ete, JCA., on 10. 5. 79, dismissed the appeal in respect of the appellants but allowed the appeal of the 3rd accused. Whereupon the appellants appealed to this court.
On 4th September, 1980 it was brought to the notice of this court that the 1st appellant had committed suicide while in custody. His appeal, having been accordingly withdrawn by learned counsel representing him, was dismissed. After hearing argument, we allowed the appeal of the 2nd appellant and discharged and acquitted him. We indi…