JOHN ELUSA EHIKWE V. THE STATE

STEPHEN JONAH ADAH, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Benin Judicial Division in Appeal No: CA/B/455c/2013, delivered on the 14th day of June, 2018. The lower Court, in its decision, dismissed the appeal of the appellant and affirmed the judgment of the trial Court delivered on the 11th day of March, 2011, in Charge No. HCY/9C/2009, wherein the appellant along with three other accused persons were convicted for the offence of conspiracy to commit murder and murder, and sentenced to death by hanging.

The prosecution’s case before the trial Court, was that the appellant herein alongside three other accused persons conspired and murdered one Mrs. Esther Uzoka on the 29th day of September, 2008 at Owa-Ofie Village in the Owa- Oyibu.

Following an eyewitness’ report which implicated the appellant and other three accused persons, the Nigerian Police Force arrested them and upon conclusion of investigation, they were arraigned …