M. BELLO, J.S.C. (Delivering the Leading Judgment): The Appellant was convicted in the High Court of the former Western State, sitting at Ado-Ekiti, on a charge of murder of Oloruntoba Suberu contrary to section 254(2) and punishable under section 257(1) of the Criminal Code of that State and was sentenced to death on 31st December, 1974. His appeal against that conviction in the Western State Court of Appeal was dismissed on 17th October, 1975. He further appealed against that conviction to this Court. We dismissed his appeal and affirmed the conviction and sentence on 20th May, 1976. We now state our reasons for dismissing the appeal.
The case for the Prosecution at the trial was that, with intent to do him grievous harm, the Appellant had caused the death of the deceased by striking him with an axe-handle on the head. The incident took place at Ajamatu Camp where the Appellant and the deceased had settled. Three eye-witnesses testified for the Prosecution. Their evidence in substan…