FABIYI JCA(Delivering the Lead Judgment): This is an appeal against the judgment of T. Achi-Kanu J. sitting at the High Court of Justice, Enugu on 9th May, 1991. The appellant was convicted and sentenced to death for the murder of Gerald Chikezie Ozo Okeke under the provision of section 319 of the Criminal Code, Cap. 30 Vol. II, Laws of Eastern Nigeria, 1963 as then applicable. For an adequate perception, it is apt to recapitulate the facts of this matter as they are very revealing. On 2nd February, 1990, the appellant pleaded not guilty to the charge of murder against him. The prosecution thereafter called nine witnesses to support its case. PW1, Dr. Innocent Chuka Eze Anyatagu, is a registered medical practitioner attached to the Park Lane General Hospital, Enugu. He testified that he performed a post-mortem examination on an exhumed body on 11th July, 1985. The body was identified to him at the Enugu public cemetery after exhumation by Mrs. Roseline Enekwechi - PW2 as the body of…