HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court sitting in Otor-Udu judicial Division, in suit No, OUHC/5C/2008, delivered on the 29th day of March, 2010. The appellant on the 30th of April 2007, arraigned before the High Court on the allegation that she murdered one Mr Jerry Adarerhi (m) at Ovwian village within the Otor-udu judicial division. The one count charge against the appellant reads;
Statement of offence count 1
Murder punishable under S. 319 (10 of the criminal code caps 48 vol. 11 laws of the defunct Bendel State of Nigeria 1976, as applicable to Delta State.
Particulars of offence
Tina Okorodudu (f) on the 30th day of April 2007 at Ovwian in the Udu Judicial division murdered one Jerry Adarerhi (m).
The appellant pleaded not guilty to the one count charge and the case proceeded to trial, in the course of which the prosecution called five witnesses (PW1 - PW5), and tendered a total of five exhib…