SUNDAY JOHN V. THE STATE

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): The appellant alongside 3 (three) other accused persons were on the 17th of February, 2004 charged by way of information before the High Court of Ondo State sitting at Okitipupa on a one count charge of the murder of one Maria Joseph Erhiyore.

Statement of Offence

Murder: contrary to section 316(6) and punishable under section 319(1) of the Criminal Code Cap. 30 vol. 11 Laws of Ondo State of Nigeria, 1978.

Particulars of Offence

Ayodele Ikuemonihan, Francis Omosaye, Oluwatimilehin Ifaramoye, Sunday John on or about 2nd day of June, 1995 at Ode-Erinje in the Okitipupa Judicial Division murdered one Maria Joseph Erhiyore (f)

On their arraignment while the 4th accused herein the appellant and the 1st and 3rd accused persons each pleaded not guilty the 2nd accused pleaded guilty to the charge. The case proceeded to trial in the course of which the prosecution called four (4) witnesses (PW1-PW4) while the appellant did …