CaseLaw
Egharevba V. The State (2016) CLR 2 (f) (SC)
Judgement delivered on February,12th 2016
Brief
Facts
On the 19th of May, 2001, the appellant herein, his co- accused and two other inmates of the prison allegedly went to work in the prison’s garden holding at their hoe respectively. The appellant requested to drink water and was led by the deceased warden to a source of water close by. However, the warden was hit in the head by the appellant with his hoe and the deceased fell down screaming. Some prisoners ran to the scene and helped the wounded warden to the prison’s compound from where the deceased warden was taken to the University of Benin
Teaching Hospital where he died about three weeks later.
The appellant and his co-accused escaped on the same day but were later apprehended at night by members of a vigilante group who handed them over to the police. They were charged on a two count charge for conspiracy to murder and murder.
The appellant denied the charge.
At the conclusion of trial, the appellant was found guilty and sentenced to death by hanging.
On appeal, the sentenced of the trial court was affirmed by the Court of Appeal thereby dismissing the appeal of the appellant.
Further aggrieved, the appellant appealed to the Supreme Court.