KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The accused/appellant was arraigned before the High Court of Justice Delta State, lsiokolo Judicial Division on a 1 count charge of murder punishable under Section 319(1) of the Criminal Code Cap. 48 Volume II, Laws of the defunct Bendel State 1976 as applicable to Delta State in Charge No. HCI/11C/2004. The Charge read as follows:-
"STATEMENT OF OFFENCE"
Murder, punishable under Section 319(1) of the Criminal Code Cap. 48 Volume II, Laws of the defunct Bendel State 1976 as applicable to Delta State.
PARTICULARS OF OFFENCE
Felix Okpako (m) on the 11 day of October, 2002 at Oviore town within lsiokolo Judicial Division murdered one Eloho Okpako (f).
He entered a plea of not guilty to the charge and the prosecution called four witnesses to prove the case. In the course of his evidence pw4 sought to tender a statement which the accused was alleged to have made on 17 October, 2002 but the defence objected to its admissibility on t…