OKORO MARIAGBE V. THE STATE

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The appellant in this case was charged with having murdered one KIHODU AJEBOR on 3rd March, 1974 at OWA-OYIBU village in the Agbor Judicial Division of the then Mid-Western State of Nigeria (now Bendel State). He was tried, convicted and sentenced to death and this appeal has been brought against the said conviction. After entertaining arguments from learned counsel representing the parties before us, we allowed the appeal, set aside the conviction and sentence, but promised to give our reasons later.

This we now do.

There was evidence before the court of trial that the deceased (KIHODU AJEBOR - male), as was his custom, had left OWA-OYIBU village for his farm along Idumesah road and a few poles away on the morning of 23rd March, 1974.

When he failed to return at around 4 pm, a search party made up of P. W.1 (his wife) and P. W. 2 (his junior brother - of the half blood) set out from the village in search for him just after 6 pm…