COKER, J.S.C. (Delivering the Leading Judgment): On the 19th June 1986, I allowed this appeal, quashed the conviction and sentence and substituted an order of not guilty, discharged and acquitted. I now give my reasons.
The appellant was charged on an information with the murder of one Johnson Francis, before the High Court of Ondo State and was convicted of the offence and sentenced to death. His appeal to the Court of Appeal was dismissed and his conviction and sentence were affirmed.
The conviction of the accused was based mainly on the evidence of two prosecution witnesses (P.W.2 and P.W.4). 2nd P.W. was the only alleged eye-witness. The accused made two statements to the police (Exhibits C and D). The first was said to be confessional and the second explanatory of the first. The two statements with his evidence in court were all ignored by the learned trial judge (Ogunleye J.) who held that they were conflicting and unreliable. He said he would ignore them for that reason. This…