UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered on the 7th day of March, 2008 by Justice A. A. Oyebanji.
The Appellant as an accused person, was charged before the High Court of Lagos State holden at Ikeja [hereinafter referred to as the trial court), on an information of a sole count of murder contrary to Section 319(1) of the Criminal Code, Cap 32 Vol. 2 Laws of Lagos State.
The particulars of the offence stated that on or before the 1st day of September, 2001, the Appellant murdered one Corporal Agboola Oyeniran, at Church Bus Stop, Ipaja.
Upon arraignment, the Appellant pleaded "Not Guilty" to the charge and the case proceeded to hearing. To prove its case, the prosecution called five witnesses and tendered twelve exhibits while the Appellant testified on its own behalf as DW and called no other witness nor tendered any exhibit. The case of the prosecution goes thus:
On the day of the in…