UWAIS, C.J.N. (Delivering the Leading Judgment): The appellant was charged in the High Court of Edo State, sitting in Benin City, with the murder of his girlfriend - Victoria Ojo, on the 5th day of January 1993. He was found guilty of the offence and was sentenced to death by the learned trial judge (Edokpayi, J.)
The case for the prosecution at the trial was that the appellant and the deceased were friends. During the night of the 4th day of December, 1993 they were together in the room occupied by the appellant at No. 21 Uselu/Lagos Road, Benin City. The appellant stopped a taxi early in the morning about 5.00 a.m. on the 5th day of December 1993 to take the deceased to the Central Hospital Benin City. The deceased was taken to the hospital. On the 17th day of December 1993, a post-mortem examination was conducted in the hospital mortuary on the corpse of the deceased by Dr. Suleiman Abu, (PW 3) Chief Consultant Pathologist at the Central Hospital. The body of the deceased was iden…