OVIE EJENA V. THE STATE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellant who was the accused at the Court below in Suit No. HIGU/2C/2013 THE STATE V. OVIE EJENA.

The accused was arraigned before an Edo State High Court in respect of a charge which read as follows:

“ STATEMENT OF OFFENCE 1

Murder: punishable under Section 319 (1) of the Criminal Code Cap 48, Vol. II Laws of the defunct Bendel State of Nigeria, 1976 now applicable to Edo State.

PARTICULARS OF OFFENCE

Ovie Ejena (m) on or about the 6th day of April, 2011 at Ikpoba Village in the Iguobazuwa Judicial Division Murdered one Rashidatu Olawale (f).

STATEMENT OF OFFENCE 1

Murder: punishable under Section 319 (1) of the Criminal Code Cap 48, Vol.II Laws of the defunct Bendel State of Nigeria, 1976 now applicable to Edo State.

PARTICULARS OF OFFENCE

Ovie Ejena (m) on or about the 6th day of April, 2011 at Ikpoba Village in the Iguobazuwa Judicial Division Murdered one Bilikisu Olawal…