IGUH, JSC (Delivering the Leading Judgment): The appellant, Clement Oguonzee, an Assistant Superintendent of Police, was arraigned before the High Court of Justice. Edo State, holden at Benin City, charged with the offence of murder punishable under Section 319(1) of the Criminal Code, Cap. 48. Vol. 11 Laws of Bendel State of Nigeria, 1976 applicable in Edo State. The particulars of the offence charged are as follows:-
"Clement Oguonzee (m) on or about the 18th August, 1994 at Oluku Junction, along Benin Lagos Expressway within the Benin Judicial Division shot and murdered one Remigious Mekoba."
The accused pleaded not guilty to the charge and the prosecution called four witnesses at the trial. The accused also testified in his own defence but called no witnesses.
The substance of the charge as presented by the prosecution was that on the 18th day of August, 1994 the deceased, one Remigious Mekoba, and PW4 his junior brother, were travelling from Lagos to Awomoma in Imo State in a Vol…