ABIYE BATUBO V. THE STATE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The accused, who is the appellant, was convicted on a charge of killing one Beatrice Nna, hereinafter referred to as the deceased. He was sentenced to death at the Port Harcourt High Court on the 16th September, 1971. His appeal against the conviction was heard on the 15th August, 1972 and dismissed. We now give our reasons for dismissing the appeal.

The fact that the deceased was burnt to death is not disputed. The deceased, Beatrice Nna, and two relations, a boy and a girl, lived in a room in the boys' quarters of the premises known as 9 Abiriba Street, Diobu. The two remaining apartments in the boys' quarters consist of a room and a kitchen. The accused and one Dawari Higgwe shared the room, whilst the kitchen was used exclusively by the deceased. The main building in the compound was occupied by one Franklin Higgwe (6th prosecution witness). Accused and Dawari Higgwe were maintained by Francis Higgwe; as they were fed by h…