FREEBORN AKPOVETA V. THE STATE

GOERGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Delta State presided over by OHWO J. in charge No. HCI/4c/99 wherein the appellant was on the 2nd day of April, 2003 convicted on two counts charge for the offence of murder and unlawful possession of firearms. The trial court sentenced the appellant to death for the offence of murder and deferred the sentence in respect of the offence of unlawful possession of firearms.

In the information filed in the High Court of Delta State Agbor Judicial Division, the Appellant was charged with the following offences.

1. Murder contrary to Section 319(1) of the Criminal Code Cap 48 Laws of Bendel State of Nigeria applicable to Delta State, and

2. Unlawful possession of Firearms contrary to Section 3 of the Robbery and Firearms (Special Provisions) Decree 1984.

The prosecution to prove its case called six witnesses while the appellant testified on his on and called one witnes…