ADANKWOR ETUMIONU V. ATTORNEY-GENERAL OF DELTA STATE

ATINUKE OMOBONIKE IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Justice S.M. Edah of Agbor High Court delivered on 26/5/92 whereby the appellant was convicted and sentenced to death for the murder of Emily Oriaka.

In the lower court two people Obiajunu Etumionu (m) and Adankwor Etumionu (f) - the appellant were first charged on an information for the murder of Emily Oriaka but the first accused was discharged on a no case submission under section 286 of the Criminal Procedure Law. The 2nd accused i.e. appellant in this case proceeded to give evidence in her defence and called no witnesses. The prosecution had earlier called 6 witnesses including the father of the appellant.

The facts of the case are briefly thus.

On 29/1/88 there was a quarrel between the appellant and the deceased whom she often referred to as her grandmother. The deceased made a report of this quarrel to the Police who arrested the appellant and other relations in their comp…