A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 9th day of December, 1976, for lack of merit and now give our reasons.
The appellant was tried by Ete, J., in the High Court of Cross Rivers State Holden at Ikot Ekpene for murder of one Wilson Iwok Akpan, contrary to Section 319(1) of the Criminal Code, and convicted and sentenced to death.
It is against the conviction that he lodged this appeal.
The facts are not much in dispute. Four witnesses testified for the prosecution and the accused alone testified for the defence. It is on record that the appellant admitted the killing both to the police and the court. Briefly stated, the facts of the case are as follows:
The appellant and the deceased were related by blood and lived in the same compound in their village, Afaha Ikot village. Their relationship could not be described as friendly. The deceased was a senior relation and more prosperous. The appellant coveted his crops, sweet yams (potatoes)…