UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice E. I. Isuama sitting at the High Court of Isiala Ngwa of Abia State delivered on the 19th day of December, 1994 wherein the Appellant was convicted and sentenced to death under Section 319 (1) of the Criminal Code.
The facts of this case from the evidence on record is that on the 11th day of June, 1987, the Appellant was said to have gone to the house of PW1 around 8pm and requested to know from the PW1 why PW1 asked him not to come to his house any longer. The PW1 asked the Appellant to go away in that he was tired. The Appellant refused to leave the house and there ensued an altercation which attracted the deceased who was the brother of PW1 to come to their place. The deceased tried to intervene in the quarrel but the Appellant picked offence with him and drew a dagger from his pocket which he used in stabbing the deceased on the chest. The deceased fell and died immed…