ANTHONY OMORUYI V. THE STATE

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering the Leading Judgment): The present appeal is against the Judgment of the High Court of Edo State, holden at Benin Judicial Division, delivered on July 15, 2009 in charge No. B/31/C/2007. By the said judgment, the lower court, coram E.F. Ikponmwen, J; convicted and sentenced the Appellant to death by hanging for the offence of murder of one Helen Aganmwonyi. The offence is punishable under Section 319(1) of the Criminal Code, CAP. 48 volume II Laws of the defunct Bendel State, 1976 applicable to Edo State. Dissatisfied with the said conviction and sentence passed thereupon, the Appellant filed a notice of appeal on 04/8/09 in the registry of the court below.

BACKGROUND FACTS:

On 28/06/07, the Appellant was arraigned before the court below upon a one count charge to the following effect:

STATEMENT OF OFFENCE

Murder punishable under Section 319(1) of the Criminal Cap. 48 vol. II, Laws of Bendel State of Nigeria, 1976 as applicable to Edo Sta…