SIDI D. BAGE, JSC (DELIVERING THE LEADING JUDGMENT ): This is an appeal against the Judgment of the Court of Appeal, Lagos Judicial Division in criminal appeal CA/L/380/2009 delivered on the 1st February, 2013 by the said Judgment, the Court ordered for a retrial before another judge nullifying the Judgment of the Lagos High Court which had convicted and sentenced the Appellant to death by hanging.
Dissatisfied with the judgment of the Court of Appeal, the Appellant appealed against the said sentence to this Court, vide a notice of Appeal dated and filed on 27th February, 2013.
SUMMARY OF THE FACTS
The facts of this case as may be gleaned from the evidence on record are that:-
"Appellant was a serving Police Inspector attached to the SCID Panti Yaba Lagos, under the Lagos State Police Command.
Prior to the appellant being charged to Court, one Ernest Ndudiri Onyekwere (deceased) was arrested on the 12th June, 2002, at Onitsha, Anambra State by one Sergeant Eniola Akinsulere of Alausa Poli…