KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant and one Femi Ajewole were charged with the murder of one William Ojo contrary to section 254(2) and punishable under section 257(1) of the Criminal Code Cap.28 Laws of Western Nigeria, 1959 applicable to Ondo State. Femi Ajewole escaped from custody and the trial proceeded against the appellant only. He was tried and convicted as charged by the Akure High Court. His appeal to the Court of Appeal, Benin City was unanimously dismissed. Still aggrieved by the decision of the Court of Appeal, the appellant has now appealed to this Court.
The events which led to the murder charge as can be gathered from the evidence of P.W.1, the only eye witness, arose from an attempt by Femi Ajewole, the escapee, to sell some bags of stolen cement to one Ademola Gbadebo (P.W.3). The P.W.3 was arrested for being in possession of stolen property and was detained by the Police. On his release, P.W.3 found out that the appellant had called to s…