The
Appellant was convicted by the High Court for the murder of his grandmother and
was accordingly sentenced to death. The Appellant and his father believed the
deceased was a witch who had killed, by witchcraft, family members, including a
child of the Appellant. On the instigation of the father the Appellant killed
his grandmother by inflicting a deep cut wound on her head using an axe. In a
caution statement which was taken in front of a person not of his choice and
admitted as evidence after a trial within a trial, he claimed that his father
had directed him to kill his grandmother by using an axe. On appeal to the
Court of Appeal he challenged the trial judge for admitting the caution
statement he says was recorded under unfavourable conditions and which was not
in any case recorded according the law.