JOSEPH S. IKYEGH, JCA (DELIVERING THE LEADING JUDGMENT): The appeal emerged from the judgment of the High Court of Justice of Lagos State (the court below) by which it convicted and sentenced the appellant to death by hanging for the murder of his wife, a Mrs. Blessing Edet, contrary to section 319(1) of the Criminal Code Cap. C17, Laws of Lagos State, 1973 (the Criminal Code).
The gist of the case was that the appellant slept with his wife, Blessing Edet, and their eleven (11) months old baby in their rented room at No. 23, Alafia Street, Aloagba, Iyana Ipaja, Ikeja, Lagos State, in the night of 14.11.1996. The cry of the baby was heard from the locked room at day break of the following day. It alerted the appellant's landlord. He invited the police. They came. They forced the door open. It was discovered in the room that the appellant's wife was lying dead in her pool of blood. Their baby was also covered with the blood. The appellant was nowhere to be seen. It was learnt upon enqui…