FRANCIS DURWODE V. THE STATE

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The appellant, Francis Durwode, was arraigned before the High Court of Justice No.3 sitting in Warri and presided over by M.C.U. Odita, J. (as he then was) on a single count charge with the murder of Bomboy Ovie on or about the 18th of September, 1985 under Section 319(1) of the Criminal Code Cap 48 Vol. II Laws of Bendel State of Nigeria.

The accused person, now appellant, pleaded not guilty to the charge.

Both the prosecution, now respondent and the accused person (appellant) adduced evidence at the trial Court. The learned trial Judge, at the close of hearing, having duly considered the items of evidence of the parties and the addresses of their counsel, opined that he was satisfied with the guilt of the appellant. He accordingly convicted and sentenced the appellant to death by hanging on the 1st day of July, 1988. The appellant being dissatisfied appealed against this judgment.

It is appropriate at this juncture to state quite…