JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court Akure Judicial Division delivered on 7th March, 2011.
The Appellant was charged with the offence of murder contrary to the Section 319 of the Criminal Code Cap 30 Vol. 11 Laws of Ondo State 1978.
The facts of the case for the Respondent are very brief. They are as follows: The prosecution witnesses (PW1 and 2) were told that the Appellant was related to the murder of one John also called Teacher. PW2 and others went and took the said John to the State Specialist Hospital Akure where the Doctor confirmed him dead.
The Appellant in a statement made at the Police Station, Idanre said it was one Olu that killed the late John. In a later statement made at state C.I.D. Police Headquarters admitted after a trial within trial the Appellant admitted the killing. In court, the Appellant maintained the story in the first statement that it was Olu that stabbed Teacher…