JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri delivered on 6th August, 2014 wherein the lower Court affirmed the trial High Court's conviction and sentence of the appellant to death. The appellant was charged along with one Obineche Chukwunyere for the murder of one Beatrice Kwemma by killing her using an axe, contrary to Section 319 of the Criminal Code, Cap 30 Vol. 11 Laws of Eastern Nigeria 1963, applicable to Imo State of Nigeria. The offence is said to have been committed on 14th January, 2002 at Ozara Ihube, Okigwe, Imo State. A synopsis of the facts leading to this appeal will suffice.
The record of appeal discloses that on 14th January, 2002, at about 8.00am, the deceased, Beatrice Kwemma was preparing to go to the farm to harvest cassava. She instructed her grandson, Chijioke Kwemma to come to the farm later and carry home the harvest. According to the prosecution, it was at that point that th…