JOHN IMO V. THE STATE

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned before the then High Court of Justice, Anambra State sitting at Enugu, on the following charge -

"Statement of Offence

Murder contrary to Section 319(1) of the Criminal Code Cap 30 Vol. II, Laws of Eastern Nigeria 1963 applicable in Anambra State.

Particulars of Offence

John Imo on or about the 29th December, 1985, at Egenyi 1 Effium Abakaliki Judicial Division murdered Alphonsus Nwonu."

The appellant pleaded not guilty to the charge and the trial proceeded at the end of which he was found guilty as charged, convicted and sentenced to death. His appeal to the Court of Appeal against conviction was dismissed by that court, thus confirming the conviction and sentence passed by the trial court. He has now further appealed to this Court.

The facts of the case presented by the prosecution are all follows -

On the day the incident happened leading to the death of the deceased, PW1, a brother to the deceased wa…