HARUNA SIMON TSAMMANI, JSC (DELIVERING THE LEADING JUDGEMENT): The Appellant in this appeal was arraigned, tried and convicted in the Delta State High Court sitting at the Ughelli Judicial Division on a one count charge of murder which reads as follows:
STATEMENT OF OFFENCE
Murder, punishable under Section 319 (1) of the Criminal Code, Cap 48, vol. 1, Laws of the defunct Bendel State of Nigeria,1976.
PARTICULARS OF OFFENCE
Michael Assah (m) on the 18th day on August, 2002 at Ughelli within the Ughelli Judicial Division murdered one Christopher Ojeabulu (m).
At the trial, the prosecution (Respondent) called three witnesses, who testified as PW1, PW2 and PW3 respectively. The PW1 who testified that he was a Police Corporal serving with the Appellant at the time of the incident leading to this appeal. She was on duty on the 18/8/2002 together with one Inspector Sunday Iniabosi, PC Gift Jorbedon, Corporal Michael Okon and Corporal Isaac Okulaye when a case of attempted robbery involving the de…