G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellants were convicted on the 22nd of December 1971, on a charge of murder after a trial by jury and sentenced to death by Kazeem, J., at the High Court, Ikeja, in the Lagos State. Their appeal against conviction was allowed on the 4th of October, 1973.
At the hearing of their appeal, Mr. A. O. Ejiwunmi, learned D.P.P for the Lagos State informed the court that he could not support the verdict of the jury on two grounds:-
(1) there was no sufficient evidence to support the charge in view of the many inconsistences and discrepancies in the evidence of prosecution witnesses; and
(2) the identification parade was to say the least not properly conducted, because the appellants were wearing the same dresses they had on when they were arrested by the Police at the instance of the 1st prosecution witness. The 1st, 2nd and 3rd prosecution witnesses were able to point them out at the time of their arrest by these same dresses.