IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the High Court of Lagos State, Ikeja Judicial Division, which was delivered by the Honourable Justice J. A. Oduneye on December 5, 2003 in charge No. ID/28C/96. By the said judgment, the Appellant was convicted and sentenced to death by hanging for the murder of one Daniel Obi. The Appellant was dissatisfied with the conviction and sentence passed there upon by the court below. Thus, he filed the notice of appeal, with the leave of this court.
FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL
On February 2, 1995 at 7.30pm, one Daniel Obi of No 22B Amaechi Lane, Layenka, Ajegunle was allegedly murdered by the Appellant and some other persons. The Appellant was arrested along with some other persons and taken to Police Station Ajegunle, Lagos. On February 5, 1998, three years after the alleged murder was committed, the Appellant and four other persons were formally arraign…