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MOHAMMED JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division, delivered on 22 November 2004, dismissing the appeal filed by the appellant against the judgment of the trial court sitting at Benin City, handed down on 2 March 1998, convicting the appellant of the offence of murder and sentencing him to death.
The appellant who was the 1st accused at the trial court was tried along with his own mother as the 2nd accused and another girl as the 3rd accused on a two-count charge which stated that:
“Agbonmwanre Omoregie (M), Elizabeth Omoregie (F) and Isoken Osawaru (F) are charged with the following offences:
Statement of offence: Count 1
Conspiracy to murder punishable under section 321 of the Criminal Code, Cap. 48, Vol. II Laws of Bendel State of Nigeria, 1976, as applicable in Edo State.
Particulars of offence
Agbonmwanre Omoregie, Elizabeth Omoregie and Isoken Osawaru on or about 22 November 1994 at Benin City within Benin Ju…