BASIL AKALEZI V. STATE

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was charged on an information in the Aboh-Mbaise Judicial Division of the High Court of Imo State with the offence of murder contrary to Section 319(1) of the Criminal Code, Cap, 30, Vol. II Laws of Eastern Nigeria, 1963. The particulars of the offence were that on 1st January, 1981 along Chokoneze/Akpodim Road in Ezinihitte Mbaise, the accused/appellant murdered Innocent Ohaka. The appellant pleaded not guilty to the charge after it was read over in English and explained to him fully in Igbo language and he appeared to have perfectly understood the charge. Seven witnesses testified for the prosecution. The accused/appellant gave evidence in his own defence but called no witness. At the close of the trial and the address by counsel for the appellant and the respondent, the learned trial Judge in a reserved judgment found the accused guilty as charged and sentenced him to death. He was not satisfied with his conviction a…