ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The convicts/appellants, were tried and convicted for the murder of one, BARIBIAE ILEDAE deceased, contrary to section 319 (1) of the Criminal Code Laws of the then Eastern Nigeria 1963 applicable to Rivers state. The judgment appealed against, was delivered by B. A. Georgewill (J) of Bori division on 29-02-2008.
The brief fact of the case is that, initially, 6 suspects were tried together, but after the closing of evidence by the prosecution, three (3) accused persons were discharged and acquitted.
The case of the prosecution at the lower court is that, on 9th November, 2001 the appellants and others still at large, were in 1st appellants Peugeot 504. The deceased and his elder sister named Cecilia Tor-ue, were then returning home after farm work. The appellants then drove and passed the deceased and his sister, namely PW1. But that not far, appellants drove back and stopped, and then came out from the vehicle and began to a…