MODUPE FASANMI, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Ogun State High Court of Justice Holden at Abeokuta in Abeokuta Judicial Division which was delivered on the 17th of July 2003.
The Appellant was charged at the trial Court with the murder of his wife Fausat Sunday at Owode Egba on 29th September, 1999. The Appellant shot the wife with a gun during a quarrel which resulted from the wife's demand for money with which to feed their child. The case proceeded to trial and after concluding evidence on both sides and sequel to taking the final addresses, the trial Judge convicted the Appellant of the offence of murder and consequently sentenced him to death. Dissatisfied with the judgment of the trial court the Appellant filed a notice of appeal on the 8th of October 2003 and appealed to this Court.
Appellant's brief was dated and filed on the 26th of January 2005 but was deemed properly filed and served on the 15th of September 2005. The Respon…