KALGO, JSC (Read the Lead Judgment): The appellants were jointly charged with the offences of conspiracy and murder before the High Court, Asaba, Delta State. The particulars of the offences read:-
“i. Benson Obiakor and Ngozika Obiakor on the 9th of August, 1997, at Asaba in the Asaba Judicial Division conspired with each other to murder one Kingsley Ilesanmi contrary to section 516 of the Criminal Code, Cap. 48, Vol. II, Laws of defunct Bendel State of Nigeria 1975 as applicable to Delta State.
ii. Benson Obiakor and Ngozika Obiakor, on the 9th of August, 1997, at Asaba in the Asaba Judicial Division murdered one Kingsley Ilesanmi contrary to section 319 of the Criminal Code, Cap. 48, Vol. II, Laws of defunct Bendel State of Nigeria 1975 as applicable to Delta State.”
The appellants pleaded not guilty to the two charges separately when he read and explained to them. The prosecution called seven (7) witnesses to prove their case. The appellants testified in their defence but called …