A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): The appellants were charged and tried in the High Court of Lagos State by Odesanya, J., and a twelve -man jury for the murder of one Tajudeen Aremu at Olojowon Street, Badiya, Ijora, on or about the 15th day of December, 1970. They were convicted of the offence charged and sentenced to death. Their appeals to this court against that judgment were dismissed on 3rd February, 1972. We now give our reasons for doing so.
According to the prosecution, Yekini Omotosho (2nd P/W) and Tajudeen Aremu (the deceased) both lived at No. 30 Olodan Street, Badiya in Ijora at the material time. They were half-brothers and were also both butchers. At about four o'clock in the morning of 15th December, 1970, Yekini Omotosho left home for his place of work. Before he left, he told Tajudeen Aremu to lock the door of the room at Olodan Street and meet him later. While walking along Olojowon Street where both accused lived, Yekini Omotosho heard s…