OSAREMWINDA AIGUOKHIAN V. THE STATE

ROWLAND, JCA (Delivering the Lead Judgment): The appellant Osaremwinda Aiguokhian was convicted of murder contrary to section 319(1) of the Criminal Code Cap 48 Vol. II Laws of Bendel State of Nigeria 1976 as applicable in Edo State and sentenced to death by the High Court of Edo A State sitting in Benin on the 18th January, 1996. Aggrieved by the said decision, the appellant filed a notice of appeal containing one ground of appeal, and with the leave of this court, four additional grounds were added, thus making a total of five grounds of appeal. The appellant was charged on information filed before the Benin High Court with the murder of One Edomwonyi Aghedo on or about the 7th day of July, 1993 at Orio village in the Benin Judicial Division. The case put forward by the appellant at the lower court is as follows:- The appellant was a farmer who had his farm at Orio village in the Benin judicial division and also used to hunt for animals. On 7th July, 1993 he went into the bush whe…