CPL. LIVINUS UGWU V. THE STATE

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of R.P.I. Bozimo CJ of the High Court of Justice, Asaba, Delta State in charge No. VHC/9c/98: The State v. Livinus Ugwu, delivered on the 27th August, 2004 in which the accused person was charged, tried, convicted and sentenced to death by hanging on a one count charge of murder punishable under section 319(1) of the Criminal Code Cap 48 Vol. II, Laws of the defunct Bendel State of Nigeria 1976 as applicable to Delta State. The one count charge under which the accused now Appellant was charged reads as follows:

"Livinus Ugwu (m) on the 27th day of November, 1997 at Otorwodo, Ughelli; in the Ughelli Judicial Division murdered one Solomon Erewhodo". The prosecution called six witnesses while the appellant testified in person in his own defence. The brief facts of the case culminating in this appeal are that the appellant, a police Corporal on the 27th November, 1997 at Otorwodo in th…