FREDERICK O. OHO, J.C.A.(Delivering the Leading Judgment):
Before the High Court of Justice in the Owerri Judicial Division, BASSEY ASINYA along with one (1) other were charged on a one-count information with the murder of one SYLVESTER NNAEMEKA OBIEKEA on the 24th day of December, 2006 at Owerri, Imo State, Nigeria contrary to Section 319(1) of the Criminal Code.
Eight (8) witnesses testified for the prosecution, while the accused persons each gave evidence in their defense and called a total of two (2) witnesses. At the trial a total of eighteen (18) Exhibits were tendered. At the close of hearing, the learned trial Judge in a considered Judgment found the Appellant guilty as charged and sentenced him to death by hanging. It is against this conviction and sentence that he has appealed to this Court. In all there are three (3) Grounds of Appeal were filed and from which learned Appellants Counsel distilled two (2) issues for the Courts determination. These Grounds of Appeal, shorn of …