LOKULO-SODIPE JCA (Delivering the Lead Judgment): This is an appeal against the judgment delivered on 29 May 2012 by the High Court of Delta State, sitting at Owa Oyibu (hereafter simply referred to as “the lower court”) presided over by Honourable Justice C.N. Ogadi (hereafter simply referred to as “the learned trial judge”). In its judgment, the lower court found the appellant guilty of the offence of murder and sentenced him to death by hanging.
The appellant was arraigned in the lower court on 18 October 2010, on a one count charge of murder, punishable under section 319(1) of the Criminal Code, Cap. 48, Vol. II, Laws of the Defunct Bendel State, 1976. In the count, it was alleged that the appellant on 17 February 2010 at Idumbiri Farm Road within Owa Oyibu judicial division, murdered one Patricia Okoh. The appellant pleaded not guilty to the charge preferred against him and the matter proceeded to trial. In the proof of its case, the prosecution called three witnesses and tende…