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TOM SHAIBU YAKUBU, JCA (Delivering the Leading Judgment): The appellant was convicted on a charge of the murder of a nine year old girl, Favour Ihoeghilan, under Section 319(1) of the Criminal Code Laws of Bendel State of Nigeria, 1976, applicable in Edo State. He was consequently sentenced to death by hanging. This was at the High Court of Edo State, holden at Benin City on 26th January, 2005.
This appeal is against the said conviction and sentence. The appellant filed his notice of appeal within time. It contained two grounds of appeal, on 9th February, 2005.
This court granted leave to the appellant, on his application by which he filed an amended notice of appeal dated 9th March, 2010 on 16th March, 2010. The same was deemed as properly filed on 14th March, 2011.
The amended notice of appeal contains five (5) grounds which shorn of their particulars, each say:
"GROUND ONE
The trial judge erred in law in convicting the Appellant of murder when there was no direct and independent cr…