ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Oluwayemi, J. of the High Court of Lagos delivered on the 3rd December, 2010, wherein the Appellant was found guilty of murder under Section 316 of the Criminal Code Law of Lagos State 2003 Cap C17 Vol. 2 and was sentenced to death by hanging.
The Appellant being dissatisfied with the judgment appealed to this court via a Notice of Appeal dated 2nd March, 2011.
The facts of the case was that on 4th January, 2007 one Wilma Steen came back from shopping with her friend and found her daughter Miss Annuimeke Steen in her bath with tap running and the bath full of water. She raised an alarm which attracted a call for help of security men on ground, including Policemen attached to Shell Nigeria Exploration Petroleum Company and Medical team around who confirm the girl dead.
Due to cause of her death, the environment was cordoned and (9) nine suspects were arrested; but only the A…