A. G. IRIKEFE, J.S.C.(Delivering the Leading Judgment): The appellant was charged with having murdered one Risikatu Imam Balogun on 22nd June, 1972 at Ebimpejo Lane, Lagos and tried by O. R. I. George, J., (sitting with a jury).
The evidence for the prosecution briefly is as follows. On 22nd June, 1972, the deceased, a girl aged 8 was playing with other girls of her age group on the side of Ebimpejo Lane. The other girls sat in a circle, and it is in evidence that the deceased was in the middle of this circle sitting on a mortar. Then suddenly, appearing as if from nowhere, the appellant came upon the group and dealt the deceased a vicious blow on the back of the head with the sharp cutting edge of an axe. The force of impact was so great that the axe got impaled on the head of the deceased and had to be forcibly extracted therefrom by the appellant when P. W. 5 (Kike Balogun) a neighbour, who saw the appellant deal the blow, raised an alarm. Thereupon, the appellant quickly dropped t…