RITA NOSAKHARE PEMU, JCA: (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice D.O. Oluwayemi, delivered on the 30th of April 2008 wherein he, sitting at the High Court of Justice Lagos, Ikeja Division, convicted the accused - Eunice Obi for murder, thereby sentencing her to the penalty of death.
The facts and circumstances leading to the filing of this Appeal may be briefly stated as follows;
The accused person, Eunice Obi is the wife of the deceased Kenneth Chinedu Obi. They are blessed with five children. They lived at No. 285B, Ojo Igbede Road, Ojo, Lagos.
According to the prosecution, on the 23rd day of December 2002, the deceased who was a motorcycle rider (popularly known as Okada driver), came back from his normal business, took his dinner with the Appellant and his children.
At about 10.00pm, the deceased together with the Appellant went outside their home to get some fresh air. This is because there was power blackout.
According to …