The accused was charged with Unlawful wounding punishable under Section 332 of the Criminal Code, Cap. 48, Vol. ll, Laws of Bendel State of Nigeria, 1976 and Murder punishable under Section 319(1) of the Criminal Code, Cap. 48 Vol. II. Laws of Bendel State of Nigeria 1976

P.W.1, Solomon Aganmonyi, a brother of the ac¬cused and deceased came home to find the accused (i.e. the appellant) at the back door of their house with a piece of iron Exhibit 6 and a knife Exhibit 5. The accused pointed the iron and the knife in the direction of P.W.1 and said that P.W.1 was lucky or else he would finish him. When P.W.1 entered the house he found the body of the deceased, Samson Aganmonyi, on the ground while his bed and beddings were full of blood. He raised an alarm to secure the attention of the people and the accused chased him away with the iron and knife. At about 7.30 p.m. on 20/9/80, while P.W.4, Felicia Omoigui, was at home with her children, the accused rushed into her room and slapped her. When she raised an alarm, the accused said that he was going to finish every one in the house that day. P.W.4 and her husband were tenants .in the accused's father's house. The accused pro¬duced knife from his pocket and P.W.4 held his hand but he stabbed her left wrist with the knife. P.W.4 wanted to run but the accused struck her chin with an iron and she fell at the door. P.W. 4 became unconscious and was later rushed to the hospital."

The statement of the accused person was taken by a Police Officer who was at the time of the trial in Kano and could not come to give evidence. It was tendered by the Investigating Police Officer P.W.7 who, finding that the statement was con-fessional, took the accused/appellant to a Superior Police Officer Mrs. Omo- Lawani P.W.6. Before Mrs. Omo-Lawani, the appellant agreed that that was his statement and that it was made by him voluntarily. It was duly attested by the Su-perior Police Officer. In that statement the appellant said in part:-

"Samson's brother came to fight me. He is by name Solomon and his friend ' who I did not know his name. They fight me and threw me into a gutter. After fighting l heard them saying that he is fainting, that Samson is fainting. l then left the house for M.T.D. Benin City, where I was detained by the Policy there until this morning, when I was brought to 'B' Division. That is all. I did not use knife on Samson and Felicia, it was iron rod. The rod must be at home. I only pick up knife when Solomon and his friend was fighting me. And I did not use it on any body. I did not know it was still in my pocket when I get to M.T.D."

But in his testimony in Court he said as follows:-

"I came from the outside with my bicycle. I met the deceased standing at the door. I asked him to give me way. He stood by the side of the door. As I was passing with my bicycle one of the cycle pedals came in touch with the deceased. He pushed me and I fell down. I got up and gave him a slap. Then fight ensued. The deceased ran into his room and got a rod and started to strike me with it. I tried to shield myself with my left hand. He struck me on my 2 fingers and front teeth. I seized the rod from him and I retaliated. Felicia Omoigui came to separate us. She grabbed my shirt and pulled me backwards while the deceased was still fighting me. I pushed Felicia, she fell down and knocked her head on the ground. Some people separated us and the deceased cried to his room. I went into my room. I heard Solomon Aganmonyi saying that the condition of Samson was getting bad. I then went to the M.T.D. to report".

The learned trial Judge considered the evidence of the prosecution and the ap-pellant and believed the testimony of P.W.1. P.W.4, P.W.5 and P.W.7. He disbe-lieved the testimony of the appellant, after his evaluation of the evidence the learned trial Judge had concluded as follows;-

"I do not accept the evidence of the accused that Felicia P.W.4 held him while the deceased fought him. I hold that Felicia P.W.4 was not present when the accused attacked the deceased. I believe the evidence of P.W.4 and P.W.5. Exhibit 7 that is the statement of the accused contradicted his evidence at the trial - that the deceased knocked him with his body and called him jobless goat. But at the trial he said that a pedal of his bicycle touched the deceased and he pushed him and he fell down and fight ensued. The deceased got a rod and struck him with it He seized the rod and retaliated. But in Exhibit 7 the accused said that he fought the deceased and P.W.4 and picked the rod with which he fought them. In R v. Ukpong, (1961) 1 A.N.LR.25 it was held that when a witness is shown to have made previous state¬ments inconsistent with the evidence given by him at the trial, the jury should not merely be directed that his evidence at the trial should not be regarded as unreliable, but also that the previous statement, whether sworn or un¬sworn, do not constitute evidence upon which they can act, and in a non jury case, the Court should direct itself likewise .................................

In the case in hand the circumstantial evidence and the confessional state¬ment exhibit 7 are enough to find the accused guilty as charged."

The trial Judge convicted him on both counts, sentencing him to death on the count of murder.

The appellant appealed unsuccessfully to the Court of Appeal, and then further appealed to the Supreme Court.