I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice Warri the appellant and one other person were charged with the offences of conspiracy to murder and murder contrary to sections 516 and 319( 1) of the Criminal Code respectively. They pleaded not guilty.
During the trial the prosecution called seven witnesses while each of the accused persons gave evidence in his own defence but called no witnesses.
The case for the prosecution is simply that the accused persons conspired together and murdered one Ezekiel Olugbo, the deceased, by stabbing him to death with a knife during a fight or struggle between them. The accused persons did not deny that they fought with the deceased but stated that the deceased ran into the knife then held by the appellant when he, the deceased, tried to use the broken bottles, he had held all along on the appellant.
At the conclusion of the trial, the learned trial Judge reviewed the evidence for the prosecution and considered …