UCHE ODIAKA V. THE STATE

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Honourable Justice I.E Okogwu, Judge of the Delta State High Court, sitting at ISSELE-UKU, delivered on the 30/10/2009 wherein the Appellant was found guilty and convicted for the offence of murder.

The Appellant Uche Odiaka was arraigned before the trial court upon Information containing two counts to wit:

STATEMENT OF OFFENCE: COUNT I

Conspiracy to commit Murder punishable under Section 324 of the Criminal Code Cap 48 Vol. 11, Laws of The Defunct Bendel State of Nigeria 1976 as applicable to Delta State.

PARTICULARS OF OFFENCE

Uche Odiaka and others now at large on or about the 27th day of August, 2006 at Ezi village Issele-Uku Judicial Division conspired to commit Murder.

STATEMENT OF OFFENCE: COUNT II

Murder punishable under section 319(1) of the Criminal Code Cap 48 Vol. 11, Laws of the Defunct Bendel State of Nigeria 1976 as applicable to Delta State.

PARTICULARS O…