G. S. SOWEMIMO, AG. J.S.C. (Delivering the Leading Judgment): The appellant was on 8th of October, 1971, convicted on a charge of murder and sentenced to death at the High Court, Auchi by Omo-Eboh, J. He appealed against his conviction to this court and on the 22nd of November 1971, the appeal was heard and dismissed. We now give our reasons for so doing.
The appellant, Abudu Salawe is one of the children of one Salawe Okhidemhen (now deceased). The appellant and his brothers lived together with their father in the same house at Apana village near Jattu in Auchi Division.
On 2nd December, 1970 at about 7 p.m., Salawe Okhidemhen (the deceased) went to a nearby mosque to say prayers. He was about 80 years of age. On his return from the mosque he hung his chalice on the wall of his parlour and changed his dress. Whilst doing so the appellant fired a gun at him. As a result he could not stand on his own and learnt against a wall until two of his children came to his assistance. He was lat…