D. O. COKER, J.S.C. (Delivering the Leading Judgment): On the 31st January, 1985, I dismissed this appeal and indicated my reasons for the decision will be given today.
The Appellant, Igbineweka Owie, was convicted by the Bendel State High Court sitting at Benin, for the murder of one Clement Etomi of Obanyanton Village, in the Bendel State and sentenced to death by hanging. His appeal to the Court of Appeal was dismissed on the 23rd March, 1984 and he appealed to this Court.
The facts are straight forward and there was not much in dispute. Clement Etomi was a boarding student of the Obayantor Grammar School Benin City, where the appellant was employed as a night guard. On the 28th January 1984, the teachers of the school were on strike and most of the students who were boarders were sent to their respective homes leaving some few male students and the female students. The deceased, Clement Etomi, was not present at school when the order was given requesting the students to vacate the…