STANLEY EJIONWU V. THE STATE

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Rivers State holden at Port Harcourt the appellant pleaded not guilty to the following charge:-

"Statement of Offence

Murder, contrary to Section 319 of the Criminal Code.

Particulars of Offence

Stanley Ejionwu on the 29th day of September, 1980 at Rumuolumeni Village in the Port Harcourt Judicial Division murdered Goodlife Obasi Ejionwu."

At the trial the prosecution called a total of nine witnesses to prove the charge while the appellant and his sister Nwuiye Ejionwu (DW2), testified for the defence.

The facts of the case were as narrated by PW3 and supported by PWs 1, 2 and 4 who the learned trial Judge believed. They were all eye witnesses. Testifying on pages 24-26 of the record PW3 said inter alia

"I remember the 28th day of September 1980 on that day I was at the front of my house at about 11.30 p.m. I saw PW1 and her daughter PW2 returning from the village. They greeted me and I greeted them. They were goi…