HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division Coram: Ibrahim Mohammed Musa Saulawa, Hamma Akawu Barka and Ugochukwu Anthony Ogakwu, JJCA delivered on the 20th day of June, 2014 wherein the Court of Appeal upheld the earlier judgment of Hon. Justice Ebiowei Tobi of the High Court of Delta State, sitting at Otor-Udu. In its judgment delivered on the 29th day of March, 2010, the High Court of Delta State convicted and sentenced the Appellant to death by hanging for the murder of one Mr. Jerry Adarerhi.
The facts that led to this appeal are as follows:
The Appellant was on the 7th day of October, 2009 arraigned before the High Court of Delta State on a charge of murder punishable under Section 319 (1) of the Criminal Code, Cap. 48 Vol. II Laws of the defunct Bendel State of Nigeria as applicable to Delta State. It was stated in the particulars of offence that the Appellant on the30th day of Ap…