OPUTA, JSC (Delivering the Leading Judgment): On the 27th September, 1984, the court heard the appellant's appeal against the judgment of the Court of Appeal, Ibadan Division, dismissing his appeal against the judgment of Babalakin, J. convicting him of the offence of murder and sentencing him to death. After reading the respective briefs of counsel for the appellant and the respondent, and listening to the oral arguments in elaboration of points made in those briefs, the court decided to dismiss the appeal and give its reasons later. Hereunder are my reasons:
To follow the various points agitated in the appeal before us, it may be necessary to set down rather briefly the facts of this case. The appellant and his wife, Clementina Onwuzurike, were arraigned before and tried by Babalakin, J. sitting in the Ibadan Judicial Division of the Oyo State High Court. The charge was murder.
In the trial court, the prosecution's case was that Clementina Onwuzurike (2nd accused) informed her husb…