IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering the Leading Judgment): The instant appeal is a fall-out of the Judgment of the High Court of Delta State, Ozoro Judicial Division, which was delivered on February 13, 2012. By the Judgment in question, the court below, coram the Hon. Justice E.I. Oritsejafor, convicted the Appellant for murder and accordingly sentenced him to death by hanging. Not unnaturally, being dissatisfied with the said conviction and sentence, the Appellant appealed to this court upon four grounds of appeal.
FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL
The genesis of the instant appeal is traceable to October 12, 2009. That was the day the Appellant was arraigned before the court below upon a one count information (charge) to the following effect:
STATEMENT OF OFFENCE COUNT 1.
Murder punishable under Section 319(1) of the Criminal Code Cap.48, Vol. II, Laws of the Defunct Bendel State 1976 as applicable to Delta State.
PARTICULARS OF OFFENCE
ANTHONY ITU (M) on or…