Godwin Alao V The State (2015)

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MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C.

This is an appeal against the decision of the Court of Appeal Benin Division, herein called court below, which judgment was delivered on 10th day of March, 2011.

The appellant herein Godwin Alao was tried along with his younger brother, Omokhefe Alao. The Appellant stood as the 2nd accused person. Both accused persons were tried for the offence of murder on 19th June, 2007.

The facts are clear, that prior to the 14th day of February, 2005, the deceased brothers and the appellant and his brothers had some mis-understanding which led the PW1 Ovie Julius and his brothers including the deceased to report the matter to the police notwithstanding that, the mis-understanding generated into serious fracas where the appellant, herein, his younger brother, 1st accused person and one Edemoses stabbed the deceased to death.

CHARGES

COUNT 1

Conspiracy to murder punishable under Section 516 of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976 applicable in Edo State of Nigeria.

PARTICULARS OF OFFENCE

Omokhefe Alao and Godwin Alao on or about the 14th day of February, 2005 at Sabongida-Ora in Sabongida-Ora Judicial Division conspired with one another to commit a felony to wit. Murder

COUNT 2

Murder punishable under Section 319(1) of the Criminal Code Cap 48 Vol. II Laws of Bendel State of Nigeria, 1976 applicable in Edo State of Nigeria.

PARTICULARS OF OFFENCE

Omokhefe Alao and Godwin Alao on or about the 14th day of February, 2005 at Sabongida-Ora in Sabongida-Ora Judicial Division murdered one Edwin Asaba Ovie (M).

The prosecution called four (4) witnesses and tendered four Exhibits to prove the two count-charge. The charges were framed at the High Court of Justice Edo State in the Sabongida – Ora Judicial Division at Sabo. It was the Hon Justice E. A. Edigun J.