SUIT NO: HOW/9C/2022- THE STATE V ARDO SALE MUSA- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON THURSDAY THE 19TH DAY OF OCTOBER 2023- MURDER – NATURE OF THE OFFENSE- THE DEFENDANT WAS CHARGED WITH THE OFFENSE OF CONSPIRACY AND MURDER- BURDEN OF PROOF- THE THREE KEY ELEMENTS- PRINCIPLE OF PROOF BEYOND REASONABLE DOUBT-EYEWITNESS TESTIMONY-MOTIVE-WHILE MOTIVE IS NOT A STRICT REQUIREMENT FOR A CONVICTION, IT CAN BE RELEVANT AND ADMISSIBLE IN A CASE-INTENT- INTENT CAN BE PROVEN EITHER POSITIVELY, THROUGH A DIRECT DECLARATION OF INTENT BY THE ACCUSED, OR INFERENTIALLY, FROM THE ACCUSED’S CONDUCT AND SURROUNDING CIRCUMSTANCES-USE OF MEDICAL AND PHOTOGRAPHIC EVIDENCE- THE DEFENSE OF ALIBI- CONDUCT OF THE ACCUSED-VERDICT AND SENTENCING: THE DEFENDANT WAS FOUND GUILTY OF MURDER, AND THE MANDATORY SENTENCE OF DEATH BY HANGING WAS IMPOSED.
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY THE 19TH DAY OF...