FRANCIS IDIKA KALU V. THE STATE

WALI, JSC (DELIVERING THE LEADING JUDGMENT): The appellant, Francis Idika Kalu was arraigned before the High Court of Imo State holden at Ohafia, charged with the following offence:-

"That you Francis Idika Kalu (m) on 30/1/84 at Atani Village, Ihechiowa, in the Arochukwu Magisterial District did murder one Uburu Abam (m) by matcheting him on his neck and thereby committed an offence contrary to section 318(1) of the Criminal Code, Cap. 30 Vol. II, Laws of Eastern Nigeria, 1963."

The appellant pleaded not guilty of the charge; and the trial proceeded.

To prove the charge against the appellant the prosecution called four witnesses while the appellant testified in his own defence but called no witnesses.

At the end of the trial, the learned trial judge, Maranzu J, after a meticulous and painstaking review of the evidence concluded -

"My view ... has been necessitated by the gravity of the offence for which the accused is standing trial have convinced me without any shadow of doubt that the c…