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FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): The accused, now appellant, was convicted of the murder of his sister, Owie Edobor, in the Benin High Court on 26th July, 1974. At the hearing of the appeal against the conviction on 30th October, 1975, we allowed the appeal, set aside the conviction and sentence, found him not guilty of murder as charged, and ordered that he should be acquitted and discharged. We now give our reasons for doing so.
The facts are as follows. Some time in October, 1973, the accused who lived in Udo Village in the Benin Judicial Division went to Benin to see the deceased who was a tenant of Anna Idiaghe (P.W.2) at No. 44, Osasogie Street, Benin City. The accused had come to ask the deceased to return to Udo Village and had informed the P.W. 2 that he and the deceased had something to do in the village and that the deceased would return to Benin City in about two days time. The deceased returned to Udo Village with the accused. About a week later,…