S. A. AKINTAN, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of Benin Division of the Court of Appeal delivered on 25th May, 2006. The appellant was the accused person at the trial Court. He was arraigned at Benin High Court on one count charge of murder punishable under section 319(1) of the Criminal Code, Law of Bendel State 1976 applicable to Edo State. The particulars of the offence are that the said accused, on or about the 4th day of April, 1994 at Erua Village, Ehor in the Benin Judicial Division unlawfully killed one Asia Uwagboe.
The appellant pleaded not guilty to the charge and the prosecution led evidence in support of its case against the appellant. At the end of the trial, the learned trial Judge, Itua, J., held, in his reserved judgment delivered on 5th August, 2004 that the prosecution had proved its case against the appellant. He accordingly found him guilty as charged and sentenced him to death by hanging. His appeal to the Court of Ap…