JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Delta State High Court, Orerokpe delivered on the 18th day of December, 2013 in Charge No. HOR/3C/2012 Between: THE STATE V. (1) JOHN JAFUWA (2) JOSIAH OMAYERUE (3) FESTUS EGITIE (4) DAVID IRIRI (5) ALEX AKPALLALA (APPELLANT) (6) ANDERSON EMMANUEL (7) EDIRI IRIRI (8) CHIEF KINGS IRIRI.
The Appellant was found guilty and convicted for the offence of conspiracy to commit murder and murder of one JONATHAN AKPOME and sentenced to five years imprisonment and death by hanging respectively.
Briefly, the facts of the case are that the Appellant who was the 5th accused at the lower Court was charged together with seven (7) other persons for the offence of conspiracy to commit murder and murder.
In proof of the case, the prosecution called witnesses and tender in evidence a total of twenty-one Exhibits. The 3rd, 5th, 7th and 8th accused persons each gave evidence and did not call any witness to…