WILLIAM OMOKARO V. THE STATE

HARUNA SIMON TSAMMANI, J.S.C. (Delivering the Leading Judgment):This is an appeal against the judgment of the Court of Appeal, Benin Division delivered on the 14th day of May, 2015 wherein the conviction of the appellant for murder by the Delta State High Court sitting at Isiokolo was affirmed.

The appellant was charged before the Delta State High Court of Justice for the offence of murder punishable under section 319(1)of the Criminal Code, Cap. 48 of Vol. II, Laws of the defunct Bendel State, 1976 (as applicable to Delta State of Nigeria). The appellant and one other person at large were said to having beaten the deceased, one Ogenekpoboro Ughekpani, a male, with wood in the bush. That the deceased was able to escape and ran to tell his cousin (PW1) that it was the appellant and one Etuvawara alias Bomboy who beat him with wood as a result he sustained bruises all over his body and had blood in his mouth. That PW1 was preparing to take him to the hospital for treatment when the decea…