AKINOLA OLATUNBOSUN V. THE STATE

NWEZE JCA (Delivering the Lead Judgment): The appellant (Akinola Olatunbosun) wasarraigned before the EkitiState HighCourt ofJustice, Omuo-Ekiti (hereinafterreferred to as the lower court) for the offence of murder. The sole count inthe informationpreferred against him wasdrafted thus: Statement of offence Murder contrary to section 319(1) of the Criminal Code, Cap. 30, Vol III, Laws of Ondo State of Nigeria, 1978, as applicable in Ekiti. Particulars of offence Akinola Olatubosun (M) on or about 28 June 2003, at All Christian Fellowship Ministry Church, Ode-Ekiti in the Omuo Judicial Division murdered one Joy Faith Olubodun. Sequel to the appellant’s plea of not guilty, the prosecution opened its case. It marshalled four witnesses, namely PW1, the mother of the victim (the victim, Faith Joy Olubodun, a child of about two months at the time of the incident); PW2, the father of the said victim; the PW3, Sergeant Nelson Okidu who was the investigating Police Officer (IPO) at the State …