OFFISHY OGUN V. THE STATE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the accused who was sentenced to death by hanging by Azinge on 15/6/2010 on conviction for the offence of murder by Azinge J of Delta State High Court. The prosecution opened its case on 17/7/2007 and closed it on 25/11/2008 before Osadebay-Akpononu J. (Mrs.).

On 20/1/09 the defence made no-case submission which was subsequently overruled by Azinge J on 17/3/2009. The accused later gave evidence after which the learned trial judge gave judgment and convicted him on 15/6/2010.

The prosecution in its case, called 3 prosecution witnesses - namely Mrs. Doris Seiyafa, senior sister to the deceased Chukwute Ogbodolu. She identified the corpse of the deceased; Francis Nkadi Nwachokor, a consultant pathologist who did the autopsy and Sergeant victor Dauladi Force No. 152980 who did the investigation.

It is significant to note that

(a) no eye witness was called as a witness …