M. L. UWAIS, CJN (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Ibadan. The appellant was charged with and convicted of the murder of Saliu Kolade contrary to section 316 subsection (3) of the Criminal Code, Cap. 29 of the Laws of Ogun State of Nigeria 1978, punishahle under section 319 thereof.
The facts of the case are simple. The deceased was a taxi driver. His taxi which was a Volkswagen Beetle car bore the registration number OG 9725 T. On the 12th day of April, 1985 the deceased was approached and requested at Sango Otta motor park by the accused who was accompanied by one Taju, to take them in his taxi to Ado-Odo. The deceased agreed to do so. He charged ₦10.00 as the fare and the amount was instantly paid to him by the accused. The deceased started the journey from the motor park, with the accused and Taju in the taxi. By 10.00pm, in the night of the same day, the taxi was parked outside the house of P.W.7 Akintunde Oshunsina and…