OLU ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, hereinafter referred to as the court below, delivered on the 4th April, 2008, Coram:- Ibiyeye, Alagoa and Shoremi, JJCA. The court below had substituted the conviction of Manslaughter for that of Murder and a sentence of 20 years imprisonment in place of death sentence by hanging passed on the appellant by the trial court, which had found him guilty as charged.
The facts of the case that led to this appeal are briefly as follows: The appellant had been charged before the Delta State High Court of Justice, Ughelli Judicial Division, Holden at Ughelli on ONE count as follows:
"Murder punishable under Section 319(1) of the Criminal Code Cap 48 Vol. II Laws of the Defunct Bendel State 1976 as applicable to Delta State.
Particulars of Offence
Livinus Ugwu (M) on the 27th day of November, 1997 at Otorwodo, Ughelli in the Ughelli Judicial Division murdered o…