CORDELIA IFEOMA JOMBO-OFO, J.C.A (Delivering the Leading Judgment): The appellant alongside 3 (three) other accused persons were on the 17th of February, 2004 charged by way of information before the High Court of Ondo State sitting at Okitipupa on a one court change of the murder of one Maria Joseph Erhiyore.
Statement of Offence
Murder: contrary to section 316 (6) and punishable under section 319 (1) of the criminal code cap. 30 vol. 11 Laws of Ondo State of Nigeria, 1978.
Particulars of Offence
Ayodele Ikuemonihan, Francis Omosaye, Oluwatimilehin Ifaramoye, Sunday John on or about the 2nd day of June, 1995 at Ode-Erinje in the Okitipupa Judicial Division murdered one Maria Joseph Erhiyore (f).
On their arraignment the 1st accused (herein the appellant), 3rd and the 4th accused persons each pleaded not guilty while the 2nd accused pleaded guilty to the charge. The case proceeded to trial in the course of which the prosecution called four (4) witnesses (PW1-PW4) while the appellant …