Nathaniel Nasamu, a soldier by profession, was convicted of the murder of one Iyese Otutu by the Lagos High Court, (Bakare J) in May, 1977. He was accordingly sentenced to death. He appealed against the conviction and sentence to the Federal Court of Appeal sitting in Lagos and that court, after hearing arguments on the grounds of appeal filed by the appellant, dismissed his appeal on 13th June, 1978. It is against the judgment of the Federal Court of Appeal that the Appellant has appealed to this Court.

The deceased’s uncle who was the first prosecution witness, was conveying some consignment of cement in a lorry from Apapa to his residence at Adebola Ojumu Street, Surulere. The lorry got stuck in mud along that road and while every effort was being made to release it, the accused came in his vehicle with the intention of passing by the lorry. Despite the warnings of the people around, he drove on, and his car also got stuck in the mud. The crowd then jeered at the accused and though the first prosecution witness asked the people to assist the accused to free his car from the mind they refused. The accused eventually got the laborers, who were at the scene, to free the car and those labourers pushed the car out of the mud to a point behind the cement lorry.

The accused at this stage got out of his car and demanded to know those who jeered at him. He got no answer. He called those, whom he alleged spoilt the road, names. The first prosecution witness answered back saying he, the first prosecution witness, contributed to the maintenance of the road. Then the accused pushed the first prosecution witness by the neck but two people, who also gave evidence as the 7th and 11th prosecution witnesses, intervened and prevented a fight. The accused said he would shoot them all bringing out a pen knife. The first prosecution witness later saw accused fire a gun after the men he pursued. People at the scene ran, with the accused pursuing them; the people came back when the accused returned to his car. But the accused gave chase again and suddenly fired a shot which killed the deceased.

The appellant in his evidence, admitted carrying a gun but said that his right hand was gripped by one of the people there when he got into his car while the others around beat him up. He said he took out the gun with his left hand and pointed it up. He freed his right hand and with it, he cocked the gun. He received a blow on the neck which sent him sprawling on the ground his hand hitting the ground first. The appellant said that it was at this stage the gun exploded. His intention was just to scare the crowd off when he brought out the gun.

The Lagos High Court convicted and sentenced the Appellant to death. Appellant appealed unsuccessfully to the Court of Appeal and has now appealed to the Supreme Court alleging material contradiction in the evidence of prosecution witnesses.