PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): The appellant was convicted of murder, contrary to section 319 of the Criminal Code, Laws of Bendel State, applicable in Edo State. He was sentenced to death by the High Court of Justice, Edo State in the Benin Judicial Division.
A summary of the case of the parties is as follows:
On the 22nd day of November, 1994, one Mary Iginigie (PW1), paid a visit to her brother Friday Agbonghae (the deceased), at No.48 Isokpan Street, Benin City. On the way to her brother's house, she saw Elizabeth Omerigie (2nd accused), plaiting her hair in a house opposite her brother's house. It is her evidence, that she heard the 2nd accused send for Isoken Osawaru (the 3rd accused). At the time relevant to this case, the 2nd accused person, the 3rd accused person, PW1, and her husband (PW2), and the appellant lived in the same compound - No.7 Aghedo Street, off Textile Mill Road, Benin City. PW1 however had packed out of the house before the inc…