IGBI & ANOR
V.
STATE

ACHIKE, J.C.A. (Delivering the Leading Judgment): The two appellants and six others were arraigned and charged on two count charge of conspiracy and murder of one Abel Emunemu (now deceased) on or about the 25th day of May, 1986 at Otumara Village in Orerokpe Judicial Division, contrary to sections 324 and 319 (1) respectively of the Criminal Code Cap. 48 Vol. II, Laws of the Bendel State of Nigeria, 1976, applicable to Delta State. In the course of the trial, three of the accused persons i.e. 1st, 2nd and 3rd died in prison. At the conclusion of trial, 4th, 5th and 7th accused persons were discharged and acquitted while the 6th and 8th accused persons were convicted and sentenced to death by the trial Judge, Okungbowa, J, The two accused persons have herein appealed against their conviction and sentence.

On the night of 24/5/86, the deceased, one Josephine P.W.1, P.W.2, P.W.3 and P.W.4 and others attended the burial ceremony in a neighbouring village, Otumara. P.W.3, Grace Edema, wa…