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CaseLaw
On the 16th June, 1971 went to bed at about 10.00 p.m. About 12 midnight, a noise woke me up. It was one Adeola Abeje otherwise known as Adeola Salimonu, who was making the noise. She was crying 'save me' 'save me' from the first room on the right of my house where she was sleeping. I rose from the bed and ran to the direction of where Adeola Salimonu was. The door of Adeola Salimonu's room was shut. I pushed the door open with my right hand. When I entered the room I met lasisi Saliu stabbing the said Adeola Salimonu. I then shouted - "what was the matter?' Then Lasisi Saliu, the accused pointed the dagger with which he was stabbing Adeola Salimonu to me and said 'who else', I dodged the accused and the accused ran out and found his way out. While running out, he made his way out by waving his dagger to other inmates of the house who have (sic) gathered in the passage at the time. The accused ran out of his room and made his way out through the front door to the house when he took to his heels and ran out of the house."
About four days later the appellant was arrested at Abeokuta. He was sub-sequently charged with the murder of the deceased and convicted. His appeal to the Court of Appeal was dismissed and he appealed to the Supreme Court.