HELEN MORONKEJI OGUNWUMIJU (Delivering the Leading Judgment): This is an appeal against the conviction and sentence of the appellant by His Lordship J. Aigbuloko Oyakhirome J. sitting at High Court Benin on the 20th day of April 2010 in charge No. B/80C/2007, The State v. Amechi Igenti for the offence of murder.
The facts that led to this appeal are as follows: The appellant was charged on a one count charge as follows:-
Amechi Igenti on or about the 31st day of December 2006, at Iyamu Street, off Textile Mill Road, Benin City, in the Benin Judicial Division murdered one Shedrack Azawuno (m) and thereby committed murder punishable under S.319 (1) of the Criminal Code Cap. 48, Vol. II, Laws of former Bendel State of Nigeria 1976 now applicable to Edo State.
The case of the prosecution is that on 31st day of December 2006, apparently without any provocation, the accused person stabbed the deceased with a knife on the back of his neck. The deceased died on the way to the hospital. PW1, o…