BENJAMIN OBIORA V. THE STATE

AYOBODE OLUJIMI LOKULO-SODIPE, JCA (Delivering the Leading Judgment): The appeal is against the judgment delivered on 11/7/2014 by the High Court of Imo State sitting in the Oguta Judicial Division presided over by Ikpeama, J; (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). Having regard to the record, the Appellant was the 2nd accused person in an Information preferred against him and 5 other accused persons and in which they were all charged with the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 30, Vol. II, Laws of Eastern Nigeria, 1963 (hereafter to be simply referred to as Cap. 30, LEN) as now applicable in Imo State. In the particulars of the offence, all the accused persons set out in the Information (including the Appellant) were alleged to have murdered one Victor Okon at Akoi Oshimiri Farmland in the Oguta Judicial Division. (See page 2 of the record). Five accused persons were listed in the Information a…