UWAIS, JSC (Delivering the Leading Judgment: At the High Court of Bendel State sitting at Abudu, the appellant, a policeman, was charged with the murder of one Monday Aghahowa contrary to the provisions of section 319 subsection (1) of the Criminal Code of Bendel State, Cap.48 (Laws of Bendel State, 1976).
The case for the prosecution at the trial was that the accused stabbed the deceased with a dagger in the stomach following a quarrel. The facts that led to the quarrel are as follows. The deceased in company of Ayo Johnbull, PW1, invited the accused to a funeral ceremony which took place at Eguare junction at Ugo in Bendel State. PW1 was wearing a shirt which belonged to the deceased. The accused claimed the shirt to be his. Consequently a dispute ensued between the accused and PW1. The deceased made peace between them. Later a quarrel arose between the accused and the deceased because, according to PW1, the latter asked to know who gave him (PW1) the shirt in question. But James A…