KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellant herein was charged with others at large before the High Court of Edo State on a two-count charge of conspiracy to commit murder and the murder of one Odion Oikhale on or about the 2nd of August, 2010 at Evbuekpen Village in the Benin Judicial Division. The offences are punishable under Sections 324 and 319(1) respectively, of the Criminal Code, Cap. 48 Vol. II, Laws of Bendel State of Nigeria, 1976, applicable in Edo State.
The facts are as follows: on 22/8/2010, there were two parallel meetings held within the Evbuekpen community to resolve a pending dispute between two youth groups. One meeting was held in the compound of PW1, Andrew Oikhale while second meeting was held in the home of the appellant. PW1 is the father of the deceased. He received information that his son had gone missing. While searching for him, two boys, Igbinoba Odigie and Smart Amodu told him that his son had been ki…