HENRY IKPONMWONSA V. THE STATE

HARUNA SIMON TSAMMANI, J.S.C. (Delivering the Lead Judgment): The Appellant herein, together with one Isaac Enabuzor, was arraigned, tried and convicted by the Edo State High Court sitting in Benin City for the offences of conspiracy to commit murder and murder contrary to Sections 324 and 319(1) of the Criminal Code, Cap. 48 (Vol.II) Laws of Bendel State of Nigeria, 1976, as applicable to Edo State. They were convicted of the murder of one William Ehigie by shooting him with a gun on the 2nd day of March, 2008.

At the trial, the prosecution called nine (9) witnesses and tendered several exhibits which were marked as Exhibits A, A1, B, C, D, E, F and G respectively. At the close of evidence, respective Counsel filed and exchanged written addresses, and in a well considered judgement delivered on the 7th day of April 2014, the Appellant and his co-accused were convicted on both counts of conspiracy to commit murder and murder. Being disturbed by the judgment of the trial Court, the Appe…