CHIMA CENTUS NWEZE, J.C.A (Delivering the leading Judgement): At the High Court of Ondo State, Akure Judicial Division, the appellant was arraigned on information dated September 29, 2004. He was alleged to have murdered one Sunday Ayodele "contrary to and punishable under section 319(1) of the Criminal Code Cap 30 Vol. 11, Laws of Ondo State, 1978." A proof of evidence containing a list of five witnesses and the proposed exhibits was filed with the information. An additional proof of evidence, dated February 1, 2006, was also filed. The trial of the accused person commenced on May 31, 2006. In proof of its case, the prosecution called two witnesses. The accused person testified for himself as DW1. He called three additional persons who testified as DW2, DW3 and DW4. The case of the appellant was that he was not at the locus criminis and could not have been responsible for the death of the deceased.
At the conclusion of the case, the court [Coram Bola J], (hereinafter referred to as t…