The appellants were charged and convicted of murder. They
were sentenced to death. Being dissatisfied with the decision
of the court, they appealed against both the sentence and the
Court considered whether the trial judge erred in finding that
the appellants were properly identified.
Court ruled that the trial judge properly analyzed the evidence
to him on court record. he considered the issue of
identification of the appellants and their participation in the
offence. He also considered the defense of alibi and correctly
he rejected it in accordance with the law. He could not be
faulted for having reached the conclusion he reached.
Court further considered whether the death sentence was
harsh and excessive.
Court found that the learned trial judge found that this was a
case of brutal murder, the deceased met his death in the most
savage manner. The law prescribes a maximum sentence of
death for murder. This was a rarest case that called for a
sentence of murder.
Court accordingly did not find the sentence hash and
manifestly excessive and dismissed the appeal.