IMOESILI EHIARBI V. THE STATE

MOHAMMED BABA IDRIS, JSC (DELIVERING THE LEADING JUDGEMENT): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division in Appeal No. CA/B/419C/2018 delivered on the 23rd day of July, 2019, Coram: Helen Moronkeji Ogunwumiju, JCA, Tunde Oyebamiji Awotoye, JCA and Moore Aseimo Abraham Adumein, JCA wherein the court below upheld the judgment of the Edo State High Court delivered in Charge No. B/CD/92C/2015, wherein the trial court convicted the appellant and three other accused persons for the offences of conspiracy to commit murder and murder. The trial court sentenced them to 14 years imprisonment for conspiracy to commit murder and to death by hanging for the offence of murder, having found that the prosecution proved the charges against the accused persons beyond reasonable doubt.

On the 24th February 2016, the appellant was arraigned alongside three other co-accused before the High Court of Justice, Edo State, on a two-count charge as follows:

Statement Of …