TIJJANI ABUBAKAR, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division in appeal NO. CA/PH/12CR/2016 delivered on the 26th day of April, 2018 where the court allowed the appeal of the Appellant and ordered a fresh trial.
Appellant was charged with the offence of Murder punishable under sections 319 of the Criminal Code Cap 37 Laws of the Rivers State of Nigeria, along with one CPL Obadiah Moses.
A brief background fact of the case leading to the present appeal will suffice. The Appellant, a former Inspector of Police, Inspector Timothy Samuel was arraigned before the High Court of Rivers State, Port Harcourt Judicial Division on the 2nd day of April, 2011 along with a member of his patrol team Corporal Obadiah Moses on a One- Count charge of Murder of a young Graduate, one Onyekachi Nwasuruba.
At the trial, the prosecution called a total of seven witnesses who testified as PW1 - PW7 respectively. The prosecution also…