BENIBO DUKE EREKOSIMA V. THE STATE

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Judgment): The Appellant was arraigned alongside 7 others before the High Court of Rivers State, in the Degema Judicial Division (hereinafter referred to as the lower Court) on a 1 (One) Count Information with Charge No: DHC/1C/2005 for the offence of murder contrary to Section 319(1) of the Criminal Code, Cap. 37 of the Laws of Rivers State of Nigeria, 1999. However, the 2nd and 3rd Accused Persons died during the pendency of the action, thus, their names were accordingly struck out and the charge was substituted with Charge No: DHC/2C/2006. The particulars of the offence are as follows: 

STATEMENT OF OFFENCE 

MURDER: Contrary to Section 319 (1) of the Criminal Code, Cap. 37 of the Laws of Rivers State of Nigeria, 1999. 

PARTICULARS OF OFFENCE 

Ibiso Duke Erekeosima, Sogbeye Agarah, Amonia Iboroma, Okparanta Alex Joshua, Adayo Dakoru, Ngeriboko Omoniye Benibo, Orinari Ekine and Benibo Duke Erekeosima, on the 3rd day of October, 2004 at…