PETER OLABISI IGE, JCA (DELIVERING THE LEADING JUDGMENT): The appellant and one other person were arraigned before the Imo State High Court Owerri Judicial Division in 2007 charged with the offence of murder couched thus:
"Statement of offence"
Murder contrary to Section 319(1) of the Criminal Code Cap 30 Vol.II laws of Eastern Nigeria 1963 applicable to Imo State.
Particulars of offence
Bassey Asinya and Augustine Nwolisa on the 24th day of December, 2006 at Owerri Judicial Division murdered one Sylvester Nnaemeka Obieka"
The pleas of the two accused persons were taken on the 29th day of June 2007 when each of the said accused persons pleaded not guilty to the one-count charge. The matter proceeded to trial on 12th July, 2007. The prosecution called eight (8) witnesses and tendered 23 Exhibits.
The accused persons opened their defence on 2nd February, 2010. The 1st accused gave evidence and called two other witnesses in support of his defence. The appellant testified for himself and called…