FRANCIS ERO V. THE STATE

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The Appellant was convicted of the offence of murder punishable under Section 319(1) of the Criminal Code Cap. 48 Laws of Bendel State as applicable to Delta State, on 5th August, 2003 at the High Court of Justice, Agbor. He was consequently sentenced to death by hanging by the learned trial judge - T.O. Diai, J.

The prosecution's case against the appellant was that, he being armed with a matchet, killed one Angela Nonum at Ekuma-Abavo within the Agbor Judicial Division of the Delta State High Court of Justice, on 24th February, 1997.

The prosecution called six (6) witnesses and tendered into evidence the extra judicial statement of the appellant Exhibit A. The appellant only, testified for himself. Learned counsel to the defence and the prosecution, at the end of witnesses' evidence viva voce, each addressed the court. The learned trial judge in his judgment found the appellant guilty of the offence of murder, as charged an…