JOMBO-OFO (Delivering the Lead Judgment): The appellant, alongside 3 (three) other accused persons were on 17 February 2004 charged by way of information before the High Court of Ondo State sitting at Okitipupa on a onecount charge 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 Ikumonihan, Francis Omosaye, Oluwatimilehin Ifaramoye, Sunday John on or about 2 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 did not call any witness but testified on hi…