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JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State High Court holden at Mgbidi in Charge No. HOU/8C/2001 delivered on the 3rd day of April, 2008 by Hon. Justice Nonyerem Okoronkwo wherein the appellant was convicted of the murder of one Godwin Ezike and sentenced to death by hanging.
The appellant was charged with murder contrary to Section 319 (1) of the Criminal Code Act, Cap. 30 Vol. II Laws of Eastern Nigeria 1963 as applicable to Imo State. The prosecution called a total of five witnesses and tendered exhibits in proof of the charge. The appellant testified in his defence and denied the charge. In a considered judgment delivered on 3rd April, 2008, the learned trial judge found the appellant guilty of murder and accordingly sentenced him to death. The facts of the case are as hereunder summarized.
Sometime in April, 2000, one Sunday Iche, a brother of the appellant died in Lagos. The circumstances that led to his dā¦