JOSEPH OKORO ABASI V. THE STATE

S. U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The appellant was at the Afikpo High Court, former Imo State, charged with the murder of one Ude Egwu Oko on 30th December, 1980, under section 319(1) of the Criminal Code. He was convicted and sentenced to death.

His appeal to the Court of Appeal, Port Harcourt was on 16th October, 1990, unanimously dismissed and he has further appealed to this Court on the omnibus ground only.

When the appeal came up for hearing in this Court on 9th July, 1992, learned counsel who signed the appellant's brief of argument, Chief C. Akwiwu was not in court but Mr. A.M.O. Onukaogu, Principal Legal Officer, Abia State, for the respondent was present and having adopted his brief, judgment was reserved to today.

Briefly stated the case against the appellant was that on 30th December, 1980, he was seen with two women walking out of Afikpo town. The women were each carrying a basin and the appellant had a hammer in his hand. The following day both wo…