ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in charge NO. HUK/10C/2010, delivered on 25/1/2012 by Hon. Justice C.O. Onyeabo, wherein Appellant was convicted in a one count charge of murder and sentenced to death, by hanging.
Appellant (at the count below) was charge for causing the death of one Onyekwere Dike (Appellant's brother) on 25th day of December, 2009, at Umuhu compound in Mbam Abuo Ukwa East Local Government Area, within Ukwa Judicial Division, contrary to section 319 of the criminal code, volume 11 Cap 30 laws of Eastern Nigeria 1963 as applicable to Abia State.
The Appellant as accused person was arraigned on 19/1/2011 and he pleaded "Not guilty" to the charge. The facts of the case at the trial court was that Appellant killed his brother Onyekwere Dike for refusing to give him (accused) some money. Dike PW1 Mercy Dike Nwulu, (Appellant's mother) told the court:
"we all ate on that night and went t…