JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of High Court of Justice, Otu-Jeremi Judicial Division of Delta State of Nigeria in Charge No:- HCG/3C/2007 THE STATE V. SAMSON PATRICK (A.K.A. ASABA) delivered on the 11th day of April 2011, wherein the Appellant was sentenced to ten years imprisonment with hard labour on conspiracy to commit murder and death for murder.
Briefly, the facts of the case are that the Appellant and five others were charged to Court on a four count charge of conspiracy to commit murder, murder, attempted murder and malicious damage punishable under Sections 324, 319, 320 and 451 of the Criminal Code Cap 48 Volume II Laws of the defunct Bendel State 1976 as applicable to Delta State.
The Appellant pleaded not guilty to the charge. In proof of the case, the prosecution called (5) five witnesses while the Appellant testified in support of his case and did not call any witness.
The lower Court at the conclusion …