MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division, the Lower Court, delivered on the 28th day of June, 2013 affirming the appellant's conviction and sentence by the Delta State High Court the trial Court, for the murder of his wife, Patricia Okoh.
The appellant was arraigned at the Trial Court 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 applicable to Delta State. In the Count, he is alleged to have murdered Patricia Ohoh, his wife, on the 17th day of February, 2010 at Idumbiri Farm Road within Owa Oyibu Judicial Division of the Trial Court. The Appellant pleaded not guilty and the matter proceeded to trial at the conclusion of which he was convicted as charged. Dissatisfied, he appealed to the Lower Court which found no merit in the appeal, dismissed same and affirmed the trial Court's judg…