MOHAMMED BABAB IDRIS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division delivered on the 4th day of December, 2019 coram Honourable Justice Tunde Oyebamiji Awotoye, JCA, Honourable Justice Chioma Egondu Nwosu-Iheme, JCA and Honourable Justice Aseimo Abraham Adumein, JCA.
The appellant was arraigned before the High Court of Justice, Edo State on a one count charge which is reproduced hereunder as follows:
“Statement of Offence Murder; punishable under section 319(1) of the Criminal Code, Cap. 48, Vol. II, Laws of Bendel State of Nigeria, 1976 now applicable to Edo State.
Particulars of Offence
Chidi Elem (M) on or about the 30th day of July, 2011at Ohosu in the Iguobazuwa Judicial division murdered one John Ben Odey.”
The appellant pleaded not guilty to the charge and the prosecution opened their case and called 3 (three) witnesses who gave evidence of what they know about the case.
PW1 testified that he knew the …