AMECHI IGENTI V. THE STATE

ADAMU JAURO, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Benin Division, wherein the Appellant's appeal against the judgment of the High Court of Justice, Edo State, convicting him for murder, was dismissed.

BRIEF FACTS

The Appellant was tried on a one-count information for murder. Specifically, he was accused of killing one Shadrack Azawuno with a knife.

The case of the prosecution was simply that on 31St December, 2006, Pwl saw the Appellant, who told Pw1 that both him and the deceased (Shadrack Azawuno) had ``forked off" and that he wanted blood. He then tried to stab Pw1 with a knife, but he managed to escape with only an injury to his hand. Pw1 tried to warn the deceased, who also tried to flee, but the Appellant was able to stab him. Pw1 then ran off to call PW2 (Shadrack's sister), but before they both arrived, the deceased had fallen. He was taken to the hospital where he was confirmed dead on arrival. The Appellant ran aw…