PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court sitting in Benin City delivered on the 22nd day of January, 2013 convicting and sentencing the Accused/Appellant to death for the murder of one Rosaline Omawumi. The said accused was arraigned on a one count charge of murder contrary to Section 319(1) of the Criminal Code Cap 48 and Volume II of Bendel State of Nigeria 1976 now applicable to Edo State. The Accused/Appellant was ordered to be detained at the Federal Prisons, Okoh, Benin City at the pleasure of the Governor on account of his age which was 12 years at the time the offence was committed.
FACTS OF THE CASE:
The Appellant, Charles Omawumi was brought before the lower court on an amended charge of MURDER committed by the Appellant on the 9th day of March, 2002 and punishable under Section 319(1) of the Criminal Code Cap 48 vol. II Laws of Bendel State of Nigeria as applicable to Edo State. The amended …