IGE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Edokpayi J. delivered on 1st March, 1996 on a murder charge No. B/16c/95. The appellant Clement Oguonzee an Asst. Superintendent of Police was arraigned before the Benin High Court on the offence of murder of Remigious Mekoba contrary to Sec. 319(1) of the Criminal Code Cap. 48 Vol.II Laws of Bendel State of Nigeria 1976 applicable to Edo State.
In the particulars of the offence stated in the information, the appellant was alleged to have shot and murdered one Remigious Mekoba at Oluku Junction along Benin/Lagos Express Way within Benin Judicial Division on 18/8/94. On 28th September 1995 the accused/appellant pleaded not guilty to the charge of murder.
The prosecution called 4 witnesses while the appellant gave sworn evidence for his own defence but called no witness.
After hearing addresses by the defence counsel and the prosecuting legal officer, the learned trial Judge delivered a reserved judgme…