FATIMA OMORO AKINBAMI, JCA (Delivering the Leading Judgment): The Appellant Usman Sule was arraigned before Adeyeye, J of the High court of Ekiti state, sitting at Ado Ekiti on the 8th day of February, 2010, on a one count charge of murder, contrary to section 319 of the criminal Code, Cap. 30 Vol. II Laws of Ondo State of Nigeria (now Cap. 37 Vol. I revised Laws of Ondo State as applicable to Ekiti State).
STATEMENT OF OFFENCE
MURDER, contrary to section 319 of the Criminal Code, Cap 30 Vol. II, Laws of Ondo State of Nigeria 1978 as applicable to Ekiti State.
PARTICULAR OF OFFENCE
USMAN SULE 'M' on or about the 24th day of September, 2005 at about 8.00am at Sabo, Quarters, Aramoko Ekiti Magisterial District did unlawfully cause the death of Mohammed Sheu 'M' by stabbing him with a sharp knife. The Appellant pleaded not guilty to the charge.
In brief the prosecution's case is that the deceased Mohammed Sheu (M) was on the 24th day of September 2005, stabbed to death during a fight between …