COKER, J.S.C. (Delivering the Leading Judgment)- We dismissed this appeal at the hearing on the 4th February, 1970, and now give our reasons for doing so. The appellant was convicted by Prest, J. (High Court, Ughelli) of the murder on or about the 2nd August, 1968, or one Ishiekwene Ukpoh, alias Sanko, and sentenced to death. The facts given in evidence by the prosecution and accepted by the learned trial judge were to the effect that the appellant was one of a number of villagers who had set upon the deceased and killed him because as a member of the Civil Defence he had earlier on arrested and handed over to the Army authorities one Peter Eleh on the grounds that Peter was in unlawful possession of some dangerous drugs. The name of the appellant became known as a result of the confession made by some of the villages who had hands in the killing of the deceased and the appellant himself had made a statement to the police soon after his arrest in which he stated, inter alia, that:-
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