The deceased, Sunday Egerega, was a taxi driver and plied his taxi, registration No. MWX 1188, for hire at Warri. There was a standing instruction from his brother Thompson Egerega P.W.2, that he should come home daily at 8 p.m. When he failed to return home till quite late on 8/2/76, a search party for him was arranged. Later, on information received, Thompson Egerega, P.W.2 proceeded to Agbor where he found the wreckage of taxi cab registration number MWX 1188 which apparently had been involved in an accident. On enquiry for the driver of the taxi, he was informed that he (the driver) was injured and had been taken to hospital. He, Thompson, Egerega, was first taken to Agbor Police Station and then to Benin Specialist Hospital where he met the 1st appellant in this appeal. 1st Appellant was admitted into hospital under an assumed name, Gabriel Cauley. Bewildered that this was not his brother Sunday, Thompson Egerega reported back to the Police who immediately placed a guard at the hospital bedside of the 1st Appellant. On his own admission, 2nd Appellant was a passenger in the taxi cab MWX 1188 at the time it was involved in the accident at Agbor. He claimed that the vehicle was brought to him by 1st Appellant for purchase and that he was to pay for it at Onitsha. On 11/2/76, the decomposing body of an adult male was found in a farm in a village called Iwrekaka. The corpse was removed to Ugheli Police. On 11/2/76 Dr., S.N. Murphy, P.W.1, performed a post mortem examination on the said body. He found no external or internal injury on the body. Though he removed specimens of pieces of liver, lungs and intestine and sent them to the Forensic Laboratory in Lagos, he never received back any report on them. He was unable to state the cause of death. The body was then buried. On 22/4/76 the body was exhumed and re-examined by the same doctor. It was identified to him as the body of Sunday Egerega by Thompson Egerega who claimed to have recognised his brother’s skeleton because of his open teeth and the dress he (Sunday) wore when he was last seen on 8/2/76. Now the doctor found that asphyxia was the possible cause of death. On the 23rd March, 1976 the 1st Appellant was arrested and charged with number and he made 4 statements to the Police. It was through these statement that the 2nd Appellant was arrested and charged with the murder of Sunday Egerega. The trial court and Court of Appeal convicted the 2nd Appellant. On further appeal to Supreme Court.