OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant was convicted of the murder of one Elijah Ihekoromadu contrary to section 319(1) of the Criminal Code by Aba High Court on 27th June, 1983. The facts of the case are relatively simple. The deceased, Elijah Ihekoromadu was found late at night in suspicious circumstances in the appellant's compound on 2nd of November, 1978. The deceased first ran away to his house and was brought back to the appellant's compound. This time around, the deceased came with a matchet. He was asked to explain why he came to the appellant's compound so late in the night. His answer was that he went to buy garri. He later confessed to one of his relatives, Marcus Nwankude (PW2) that he actually went there to chase the wife of the appellant's father. The appellant took the matchet from the deceased and began to whip him. The deceased ran into the bush and was chased by the appellant and other men. Later that night the deceased was found by the road …