AKINTOLA OLUFEMI EJIWUNMI, JSC (Delivering the Leading Judgment): At the conclusion of the hearing of this Appeal on the 25th of January 2001, this Appeal was dismissed by me. Thereafter I indicated that my reasons for its dismissal would be given on the 20th April 2001.
The Appellant was charged upon an information filed by the State, that on or about the 29th day of November, 1994 at Benin City in the Benin Judicial Division, he murdered one Endurance Osayima, punishable under section 319(1) of the Criminal Code Cap. 48, Vol. II Laws of Bendel State of Nigeria 1976, applicable in Edo State. Following the plea of the Appellant that he was not guilty of the offence, the State called six witnesses in support of the case for the Prosecution. The Appellant then gave evidence in his own behalf. He did not call any other witness to testify on his behalf.
The facts of the case made out for the Prosecution may be set out thus. The Appellant and Magdalene Airhuoyuwa, PW 1, were evidently lov…