ESTHER EMIOWE V. THE STATE

ROWLAND, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Omoluabi, J. sitting at the High Court of Warri, Warri Judicial Division, delivered on the 4th day of April, 1989, wherein the appellant was convicted for murder punishable under section 319(1) of the Criminal Code Cap. 48 Vol. 2 Laws of the erstwhile Bendel State of Nigeria, 1976 and sentenced to death. The appellant was charged before the trial court for allegedly pouring sulphuric acid on the deceased - one Meeting Edegwa Emiowe on the 30th day of April, 1987 as a result of which the deceased died on 18th day of May, 1987.

The facts of the case as borne by the record are not in the main in dispute. The facts run thus:-

The appellant who was the wife of the deceased received and welcomed the deceased who returned from a journey on the 30th day of April, 1987. She fetched water for the deceased to have his bath and thereafter prepared a meal which herself and the deceased ate together. Afte…