HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the delta State High Court delivered by Hon. Justice Ebowei Tobi on 28th July 2008. The facts that led to this appeal are as follows:
The Appellant and the deceased were husband and wife living together.
The Appellant was the Pastor and Founder of a Christian Ministry, the Great Faith Ministry at Owhase, Ovwian Town in the Udu Local Government Area of Delta State. They had no children together even though by a previous marriage the Appellant had several children. The couple lived alone together at the time of the incident. The uncontroverted facts are that on the night of March 25th 2005, the Appellant went alone to attend night vigil prayer session at Ugborikoko Effurun in the Church of one Pastor Phillip Oruvwedje. On his return the following morning, he slept and woke up in the afternoon. His wife accused him of having slept with a mistress. He denied this, he then declin…