FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment). This Appeal is against the judgment of the Delta State High Court of Justice, sitting at the Asaba Judicial Division, Delta State delivered on the 19-10- 2007 wherein the Respondent was discharged and acquitted of the offences of conspiracy and murder. The judgment of the trial Court is at pages 478-529 of the Record of Appeal. Dissatisfied with the lower Courts judgment, the Appellant filed an Appeal to this Court against the judgment of the Court below. By an Amended Notice of Appeal filed on the 16-6-2015 and deemed filed on the 2-6-2016 a total of thirteen (13) Grounds of Appeal were filed.
At the commencement of trial at the Court below, there were thirty-two (32) accused persons charged for the offences of Conspiracy and Murder. The 4th, 6th and 9th accused persons died during the course of the trial and the Appellant withdrew the charges against the 19th accused person and their names were struck out from the cha…