AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division (hereinafter referred to as "the lower Court") delivered on 7/11/2013 in which it affirmed the decision of Oritsejafor J of Delta State High Court (the trial Court) which on 13th February, 2012 convicted the present appellant of murder, contrary to Section 319(1) of Criminal Code, Cap 48, Vol.II of Laws of Bendel State, 1976 (then applicable to Delta State). The trial Court having found the accused now appellant, guilty of the offence of murder, it sentenced him to death by hanging.
The facts of the case as presented before the trial Court are that on 9th January 2008, the appellant shot and killed one Godswill Itu, who was his nephew. He was thereupon, arraigned before the trial Court for trial on a charge of murder. At the trial, the appellant pleaded not guilty to the charge of murder, framed against him by the prosecution. Trial thereupon commenced in e…