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A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The appellants were convicted at Umuahia High Court of the murder of Sampson Etim on November 30, 1990 and sentenced to death. The case for the prosecution was that on April 22, 1988 the deceased, his wife Alice Sampson (P.W 2) and two friends of his named Friday Ben (P.W. 3) and James Okoro (PW. 4) went to harvest cassava from the deceased's farm. After a while on the farm, the deceased decided to go to the portion of his cassava farm which was harvested by thieves from Ndiwo village. He was soon after halted by about 20 persons as to what he was doing on the farm. A noisy argument soon ensued when one of the persons ordered "shoot him! shoot him!''. Immediately the deceased was shot and he fell and died on the spot. The matter was reported to the police and after investigation the appellants together with three other persons were put on trial.
The appellants were in the gang that killed the deceased. P.W 3 had known them …