SUNDAY BARIDAM V. THE STATE

IGUH, J.S.C: (Delivering the Leading Judgment): The appellant, Sunday Baridam, was on the 21st day of July, 1986 arraigned before the high court of Rivers State, holden at the Bori, charged with the offence of murder contrary to section 319 of the Criminal Code. The particulars of the offence charged are as follows:-

"That you, Sunday Baridam, on the 29th day of July, 1984 at Bionu Village in the Bori judicial Division; murdered Mayii Topie".

The appellant pleaded not guilty to the charge; and the trial proceeded.

The prosecution called five witnesses at the trial. The appellant testified in his own defence but called no witnesses.

The substance of the case as presented by the prosecution is that the appellant under the pretext that his motor cycle had broken down went to the house of P.W.2, Doctor Gbarade, a motor cycle mechanic on the 29th July, 1984 at about 8.00 p.m and invited him out to repair it. Unsuspectingly, p.w.2 assembled his tools and followed the appellant. Some 200 yar…