NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): Appellant and one other person were tried at the High Court of Justice of Edo State of Nigeria, Benin Judicial Division, in two count information for conspiracy to murder punishable under Section 324, and murder punishable under Section 319, of the Criminal Code Cap. 48, Vol II Laws of Bendel State of Nigeria, 1976 now applicable to Edo State of Nigeria. The appellant and his co-accused were serving terms of imprisonment at the Oko Maximum Prison, Benin City, Edo State.
The prosecution's case is that the appellant, his co-accused and two other inmates of the prison went to work in the prison's garden. Each of them had a hoe. At his request, the appellant was taken to a source of water close by to drink water. He was led by the deceased Warden. Appellant hit the deceased in the head with his hoe and the deceased fell down screaming. The prisoners, one of whom was to testify at the trial as PW3, ran to the scene and helped…