MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State, delivered on 27th day of March 2012 by Honourable Justice T.O. Osoba sitting at Akure.
The Appellant was charged by information with the offence of murder contrary to section 316(1) and punishable under section 319(1) of the Criminal Code, Cap. 30 Vol. 11, Laws of Ondo State of Nigeria 1978.
The case for the prosecution was that the deceased one Emmanuel Odey was a friend of the Appellant. They are both friends from Cross River State and are engaged in farming in Abusoro via Ita-Ogbolu, Ondo State.
On or about the 17th day of December, 2007, the police received a complaint from one Christopher Edong (the Appellant that one Emmanuel Odey had been killed by Armed Robbers. However, one Michael Emeka a relative of the deceased person reported to the police that it was the same Christopher Edong who shot and killed the deceased and not Armed Robbers.
Th…