MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Benin Division, or lower Court for short, delivered on the 16th day of July, 2013 affirming the judgment of Honourable Justice T. O. Diai sitting at the High Court, Ogwashi-Uku in Delta State. The appellant and two others were found guilty and convicted for the offence of conspiracy to commit murder of one Smart Okwute contrary to Section 324 Criminal Code Cap 21 vol. 1, Laws of Delta State, 2006 and sentenced to ten years imprisonment each with hard labour.
In the information filed by the State, the appellant and three others were first arraigned before the trial Court on a four count charge of conspiracy to commit murder, membership of unlawful society and accessory after the fact to murder. The prosecution later substituted the charge and a fresh plea was taken. The particulars of offences are hereunder thus stated:
STATEMENT OF OFFENCE: COUNT I