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MOHAMMED BABA IDRIS, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division, delivered CORAM Helen Moronkeji Ogunwumiju, JCA, Samuel Chukwudumebi Oseji, JCA, and Moore Aseimo Abraham Adumein, JCA, on the 26th day of June, 2020, in Appeal No. CA/B/223C/2014 wherein the Court below affirmed the judgment of the trial Court delivered on the 21st day of January, 2014 which convicted and sentenced the Appellant for the offence of murder.
The Appellant and his co-accused were arrested and charged on a two-count charge of conspiracy to murder and murder, contrary to Sections 324 and 319(1) respectively of the Criminal Code, Cap. 48, Vol. II, Laws of Bendel State of Nigeria, 1976, now applicable in Edo State. The charge arose from the murder of Barrister Francis Afeigbe, who was shot dead in his bedroom in the presence of his wife and children.
At the trial, the prosecution presented its case through a number of witnesses, th…