A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): After learned counsel for the appellant had addressed us in this appeal, and without calling upon learned counsel for the respondent in reply, we dismissed it and indicated that we would give our reasons later. This we now do.
The appellant was tried at the Sapele Judicial Division of the High Court of Bendel State on a charge, which alleged that he had murdered one Johnson Uduenye (m) at Sapele, on or about the 3rd day of November 1975.
The prosecution had earlier on obtained leave of the court of trial to prefer the above charge and had served on the appellant a copy of the proposed indictment as well as a list of intended witnesses and the proof of evidence of each witness.
At the hearing, six witnesses testified for the prosecution, while the appellant gave evidence in his own defence, but called no witnesses.
The court, after evaluating the entire evidence, found the charge proved, convicted the appellant and sentenced him …