KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant was in the Lagos High Court charged and convicted of the offence of murder contrary to section 319 of the Criminal Code. He was sentenced to death.
At the trial the prosecution called seven witnesses to prove the charge against the appellant. The appellant testified in his own defence but called no witnesses. The facts of the case on which the prosecution relied may be summarised briefly as follows-
On or about the 29th December, 1984 the appellant was the driver of a vehicle in which one Okoro Okoro, now deceased, was a passenger. On getting near to the bridge at Moroko, the deceased wanted to get out. He gave a N5 note to the appellant and asked for his change. The deceased ran to people who were selling things nearby and asked them for a change. They had no change. He went back to the appellant and demanded for his change. Meanwhile the appellant got down from the vehicle. A fight broke out between the deceased and th…