OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of the Benin Division of the Court of Appeal which affirmed the decision of an Oleh High Court Delta State that sentenced the Appellant to death. On the 18th day of January, 2006 the Appellant was arraigned on one count for murder. The charge read:
STATEMENT OF OFFENCE
Murder punishable under Section 319(1) of the Criminal Code Cap 48, Vol.ii Laws of the defunct Bendel State of Nigeria 1976 as applicable to Delta State.
PARTICULARS OF OFFENCE
Harrison Owhoruke (M) on or about the 14th day of November, 2004 at Uroto Quarters, Ozoro, within the Oleh Judicial Division murdered one Augustine Eveh (M)
The Appellant as the accused person pleaded not guilty to the one count charge of murder. In support of its case the prosecution called four witnesses, they are:
PW1 - The medical doctor who performed the postmorterm examination on the deceased
PW2 - gave evidence of what he saw and heard when th…