This is an appeal against the judgment of the Court of Appeal (Ibadan Division) affirming the conviction of murder and sentence to death passed on the appellant by the High court of Ogun-State (Ijebu-Ode Judicial Division). The Appellant had stood trial on a one court information for murder contrary to section 319(1) of the Criminal Code Law of Ogun State in that on or about the 7th day of July, 1991 at Ogun State Forestry Camp J4 Ijebu Waterside, he murdered one Shade Pelemo.To this charge the Appellant pleaded “not guilty”.

The facts of the case, as found by the trial court, were extraordinarily revolting, disgusting and intensely obnoxious. The deceased Shade Pelemo an infant aged only 4 years and 9 months, was placed In the custody of the appellant, her uncle by her parents who had traveled on the 4th day of July, 1991. On the 7th day of July, 1991 the appellant savagely and in a most horrendous manner pounced on the deceased, her infant niece, and pulled off her pant. He tried to insert his finger into the child’s vagina but this could not enter probably because the deceased was still Virgo intacta, nonetheless, the appellant, as beastly as he was, thrust his finger with force into the child’s vagina inspire of her wild cries. Having over-powered the deceased, he next forced his erect penis into the deceased’s vagina inspite of her excruciating cries and had unlawful carnal knowledge of her. In the words of the appellant, the deceased was all this time “crying bitterly” but he did not leave her until he had discharged his sperm into her vagina, In the process and, again, in his own words, he discovered after the event that the child’s “vagina was torn and blood was, rushing out”. He went on - “This girl is about 4 years and nine months old. She has no breast. Nothing attracted me on her body. The act was done by the hand of devil”.The deceased who bled profusely from her vagina was rushed to the hospital unconscious but died the following day as a result of her injuries. On the evidence of the Doctor who conducted post mortem examination on her body on the 8th July, 1991, the deceased was unconscious and bleeding profusely from her private part when he first saw her, he was preparing to repair the “deep wound” in her private part when she gave up. The wounds in her private part were still fresh. In his opinion, the child died as a result of the multiple injuries to the head and her private part.

At the trial, five witnesses testified for the prosecution while the appellant gave evidence in his defence. Learned counsel for both the Appellant and the prosecution addressed the court and, in a considered judgment, the learned trial judge, on 3rd August 1992, found the Appellant guilty as charged, convicted him for murder and sentenced him to death by hanging. The appellant, being dissatisfied with this judgment appealed unsuccessfully to the Court of Appeal. He has now further appealed to this court