BODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Ilorin Division delivered on the 18th day of July, 2011. That court set aside the conviction and sentence of 14 years imprisonment with hard labour passed on the appellant by Saleeman J. of an Ilorin High Court and entered judgment acquitting and discharging the appellant.
The facts are these:
On the 18th day of June, 2007 the deceased, Memunatu Rasaki was on her way to her husband's farm in Moro Local Government Area of Kwara State. She had a baby on her back and her young son was by her side. Suddenly the appellant approached her and repeatedly attacked her with a matchet. She had several cuts on her body and lost a lot of blood. Before the attack she gave the baby to her young son who ran off with his baby sister to the village. She died on the spot from a catalogue of appalling injuries. After the bloody massacre the appellant ran off and hid in the bush. He was l…