HARUNA SIMON TSAMMANI, JSC (Delivering the Leading Judgment): The Appellant herein, Samuel Ani was arraigned, tried and convicted by the Enugu State High Court of Justice, Obollo Afor Judicial Division presided over by F. I. N. Ngwu, J (of blessed memory), in a judgment delivered on the 24th day of July, 2018. The conviction was for murder pursuant to a charged which alleged as follows:
STATEMENT OF OFFENCE
Murder contrary to Section 274 (1) of the Criminal Code, Cap 30, Revised laws of Enugu State of Nigeria, 2004.
PARTICULARS OF OFFENCE
SAMUEL ANI on the 24th day of April, 2004 at Agbuji, Eba - Amufu in the Obollo Afor Judicial Division murdered one Paul Odo.
As the facts of this case reveal, the Appellant, Samuel Ani was the maternal nephew of the deceased (Paul Odo). The deceased was of the same parents with the Appellant's mother. Sometime in the year 1996 the Appellant joined his maternal uncle (deceased) at Misau in Bauchi State in his business as an apprentice. The Appellant served…