N. EKEREKE V. THE STATE

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This act of reckless killing is rather common in this area. There is no justification whatsoever for the killing. Both counsel have nothing to urge in favour of the appellant. There is no merit in the deliberate case of murder in this case. The appeal is dismissed.

M. BELLO, J.S.C.: The appellant was convicted of murder and sentenced to death in the High Court of Cross River State. The Federal Court of Appeal struck out his appeal in that court on a technical ground. At the hearing of his appeal in this court, counsel has nothing to urge in his favour.

The facts proved at the trial were: simply because the deceased had caused the appellant to spill some garri the appellant was emptying from one bag to another, the appellant drew his matchet and cut the throat of the deceased who fell down and died on the spot. This is a staightforward case of murder. There is no merit in the appeal and it is dismissed. The conviction and senten…