Judgment
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellant herein was charged with others at large before the High Court of Edo State on a two-count charge of conspiracy to commit murder and the murder of one Odion Oikhale on or about the 2nd of August, 2010 at Evbuekpen Village in the Benin Judicial Division. The offences are punishable under Sections 324 and 319(1) respectively, of the Criminal Code, Cap. 48 Vol. II, Laws of Bendel State of Nigeria, 1976, applicable in Edo State.
The facts are as follows: on 22/8/2010, there were two parallel meetings held within the Evbuekpen community to resolve a pending dispute between two youth groups. One meeting was held in the compound of PW1, Andrew Oikhale while second meeting was held in the home of the appellant. PW1 is the father of the deceased. He received information that his son had gone missing. While searching for him, two boys, Igbinoba Odigie and Smart Amodu told him that his son had been killed.
He received the news in the evening by which time all those who held the meeting at the appellant’s house had run away from the village. A further search at dawn led to the discovery of his son’s corpse.
A report was made to the Police. A team accompanied PW1 to the scene. The body of the deceased was found covered in a plantain plantation. He identified the corpse as that of his son, after which it was moved to Stella Obasanjo Hospital. The following day, he went to make a statement at the Police Station. While there, the appellant arrived with his lawyer, one Barrister Oko. According to PW1, he informed the Police in his presence that he was the one who shot the deceased. Thereupon he was arrested and other suspects were released. He was eventually charged to Court.
In proof of its case, the prosecution called four witnesses and tendered exhibits, which included Exhibit B, the appellant’s extra-judicial statement, which was confessional. The appellant challenged the voluntariness of the statement. A trial within trial was conducted after which the Court ruled that the statement was voluntarily made and admitted it in evidence as Exhibit B.
The appellant testified in his own defence and called three other witnesses.
