IGUH, J.S.C. (Delivering the Leading Judgment): The appellant, Aramude Ohunyon, along with three others was on the 9th day of October, 1991 arraigned before the High Cburt of the former Bendel State of Nigeria, holden at Ubiaja on a two count information. He was charged in count one with the offence of conspiracy to commit felony, to wit, murder contrary to section 516 of the Criminal Code, Cap. 48, Volume II, Laws of the former Bendel State of Nigeria, 1976 and in count two with the murder of one Gabriel Akharia contrary to section 319(1) of the said Criminal Code. Each of them pleaded not guilty to both counts.
At the subsequent trial, the prosecution called four witnesses and closed its case. The fourth accused person was discharged in a no case submission made on his behalf by his learned counsel whilst the appellant, as the first accused, and the two remaining accused persons testified on their behalf and called one witness.
The substance of the case as presented by the prosecuti…