KUMAI BAYANG AKA'AHS, J.C.A. (Delivered the Leading Judgment): The accused/appellant stood trial for the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976. He was found guilty and sentenced to death by hanging.
The charge read 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.
PARTICULARS OF OFFENCE
AUGUSTINE GUOBADIA on or about 5th day of February, 1987 at Ologbo in the Benin Judicial Division murdered one OSAZUWAMEN (m)".
The facts are not in dispute. In the morning of 5/2/87, the accused started off to go to the farm with his father Sunday Guobadia who testified as PW3 and Victor. Half way to the farm, the accused changed his mind and returned home with his cutlass. He saw the two years old son of Rosaline his step-mother called Osamudiamen who was sleeping and cut his neck with the cutlass. The mother tried to r…