MANAWA OGBODU V. THE STATE

KAWU, J.S.C. (Delivering the Leading Judgment): This appeal was heard on Thursday, the 15th day of January, 1987. After carefully reading the records of proceedings, the briefs of argument filed on both sides, and hearing counsel for the appellant and the respondent, I dismissed the appeal and affirmed the judgment of the Court of Appeal. I then indicated that I would, today, give reasons for my judgment. I now proceed to give those reasons.

On the 21st day of February, 1984, the appellant was arraigned before the High Court of Bendel State, Oleh Judicial Division, presided over by Akpiroroh, J., and was charged with the offence of murder. The charge alleged that on or about the 17th day of January, 1983, at Oleh, he unlawfully killed one John Okporokpo. He pleaded not guilty to the charge.

The prosecution's case was that on the 17th day of January, 1983, the deceased. John Okporokpo, and his co-worker, one Sylvanus Egbede resumed work in the Bakery of P.W.1 - Mrs. Regina Asasa at a…