MURPHY EGBA V. THE STATE

JAMILU YAMMAMA TUKUR, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Judicial Division in Appeal No. CA/PH/483/2007 delivered on 5th June 2015 wherein the Court of Appeal in a lead judgment delivered by Honourable Justice Bitrus Gyarazama Sanga JCA, dismissed the Appellan's appeal. The facts of the matter which culminated in this appeal are that the Appellant was arrested by the Nigerian Police as part of their investigation into the death of Preye Agbagidi, on the suspicion that it was the Appellant, who as part of a gang of boys pointed out the deceased which led to the deceased being killed by another member of the gang. The Appellant along with 2 others was subsequently arraigned before Hon. Justice M.I Akpomiemie of the High Court of Justice, Bayelsa State on a one count charge of murder contrary to Section 319 of the Criminal Code, Laws of Eastern Nigeria 1963, as applicable to Bayelsa State, for the murder of …