SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice F.O. Ohwo of the High Court of Delta State sitting at Ughelli in Charge No. UHC/10C/2006, delivered on the 10th day of March, 2010 convicting and sentencing the Appellant to death by hanging, having been found guilty of the offence of murder. The Appellant was charged with murder; an offence punishable under Section 319(1) of the Criminal Code Cap 48 Vol. II 1976 Laws of Bendel State applicable to Delta State. The "particulars" are that on the 26th day of January, 2006 at Ekrerhavwe Village within jurisdiction, the accused murdered one Omonefe Oviefe (F). The evidence shows that the deceased (Omonefe Oviefe) was the child of the accused person.
Briefly the prosecution's case at the High Court was that the Appellant was arraigned at the lower court on 24th day of January, 2007 for murder punishable under Section 319(1) of the Criminal Code Cap. 48, Vol. II 1976 Laws of Bend…