G. S. SOWEMIMO, AG. JSC (Delivering the Leading Judgment): The appellant was a Staff Sergeant in the Nigerian Army and was at the material time living at Ashanti Barracks, Apapa. He was charged in Charge No. LA/22C/71 with the murder of another Army Personnel, one Daniel Onoja, alias Daniel Ode. He was tried at the Lagos Assizes by Adefarasin, J., sitting with a jury. After the trial and summing up by the Judge, the Jury returned a unanimous verdict of guilty on 20th September, 1971. Adefarasin, J., then sentenced the appellant to death. He has now appealed to this court against the verdict of the jury.
The appeal was heard on 7th April, 1972, and was dismissed. The counsel for the appellant, Mr. F. O. Akinrele, said that he had nothing useful to urge in favour of the appellant.
The case against the appellant was that on the 14th August, 1969, at Ashanti Barracks, Apapa, he murdered the deceased by gunning him to death with a sub-machine gun.
The witnesses for the prosecution who were…