MOHAMMED, JSC. (Delivering the Judgment by the Court):
In the High Court of Bendel State, holden at Oleh (now in Delta State), the appellant and three others were arraigned for the offence of murder, contrary to section 319(1) of the Criminal Code. The other three accused persons were; Josiah Eghagha, Passman Ugbogbo and Lucky Otunu. They were all charged of having murdered one Okpako Eghagha, on 2nd March, 1984, at Ivu bush, Enwhe, in Oleh Judicial Division.
The facts of the case for the prosecution were given in the testimony of P.W.1, Onoita Okpako. He told the trial court that on 2/3/84 while he was sitting in a hut in Ivu bush together with his father (deceased) and two sisters, the 2nd - 4th accused, in the company of one, Onomeroso, came to the hut. The appellant was the 2nd accused at the trial court. The accused told the deceased that the father of Onomeroso had died and that they wanted the deceased to follow them to Enwhe. P.W.1 said that he observed that all the three accuse…