KARIBI-WHYTE, JSC (Delivering the Leading Judgment)- On the 12th November, 1985, after hearing Counsel for the appellant and respondent on the elaboration of their briefs filed in this appeal, this Court unanimously dismissed the appeal of the appellant and indicated that the reasons for so doing will be given today. I therefore herein proceed to give my own reasons.
On the 11th March, 1985, the Court of Appeal, Division at Benin City, dismissed the appeal of the appellant against his conviction for murder on the 25th May 1984 in the High Court, Sapele. This is an appeal against the judgment of the Court of Appeal.
Appellant was on the 9th January 1984 arraigned before the High Court, Sapele for the murder of Henry Egwu Okotie on or about the 4th day of May 1982, at Sapele. This is an offence contrary to Section 319(1) of the Criminal Code, Cap. 48, Vol. II, Laws of Bendel State 1976. Appellant was tried and found guilty, convicted and sentenced to death.
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