IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is one of the five sister appeals filed against the judgment of the High Court of Ikeja Judicial Division Lagos State, which was delivered on December 5, 2003 by the Honourable Justice J. A. Oduneye in charge (suit) No. ID/2BC/96. By the judgment in question, the Appellant and four co-accused persons thereof were convicted and sentenced to death (by hanging) for the murder of one Daniel Obi in February 1995, contrary to section 319 of the Criminal Code Law of Lagos State of Nigeria, 1994, as amended.
THE FACTS AND CIRCUMSTANCES SORROUNDING THE APPEAL:
On February 1, 1995 at Ajegunle, Lagos, one Daniel Obi was allegedly murdered by the Appellant and other persons. The four other co-accused persons were Ikechukwu Nwaogu, Anefok Okpa Tony Ataloye; and Amaike Doripolo, who are the Appellants in the sister appeals Nos. (1) CA/L/300/05,zzz (ii) CAIL/301/05, (iii) CA/L/302/05 and (iv) CA/L/303/05, res…