The facts surrounding this case as contained in the printed record of appeal before this court show that the appellant as an accused person, was charged before the High Court of Justice of Ondo State holden at Owo (hereinafter referred to as the trial court), on an information of a sole count of murder, contrary to section 316 and punishable under section 319(1) both of the Criminal Code, Cap. 30, vol. II, Laws of Ondo State of Nigeria, 1978. It was alleged that on Is1 January, 2005, the appellant murdered one Madinat Tosin, at Owo. It was the case of the prosecution that, the appellant made a report at the Divisional Crime Branch of Owo Division of the Nigerian Police that, he had murdered the deceased who was his wife. Subsequently, the appellant made a confessional statement to the Police. The appellant was arraigned before the Owo High Court of Ondo State and pleaded not guilty to the charge of murder which was read and interpreted to him in Yoruba Language by the clerk of the trial court. Two witnesses testified for the prosecution, they are, the Investigating Police Officer, Inspector Sunday Erohugbie, PW1 and Dr. Olu Ajewole, who performed the autopsy on the body of the deceased.

On 5th June, 2006, the prosecution opened its case. It sought to tender in evidence the alleged confessional statement of the appellant through PW1 but the appellant's counsel objected to the admissibility of the statement on the ground that the appellant was not its maker not having voluntarily made it. A trial-within-trial was conducted on 5th December, 2006. At the resumed hearing on 2nd February, 2007, the prosecution proceeded straight away to call its second witness, that is, PW2, the Medical Doctor, through him, the medical report was tendered in evidence as exhibit P2.

At the close of the case for the prosecution, the appellant testified in his defence as DW2 and called an additional witness DW1, who is his other wife. He denied making the alleged confessional statement which according to him, he did not sign. At the end of taking evidence from the prosecution and defence, learned counsel for the respective parties addressed the trial court. After the evaluation of the evidence placed before him, alongside the learned counsel's submissions, the learned trial Judge Adegbehingbe, J. delivered his considered judgment on 29th June, 2007. Found the appellant guilty of murder as charged, convicted and sentenced him to death.

Dissatisfied with the trial court's decision, the appellant appealed against it to this court by his notice and grounds of appeal containing four grounds of appeal.