BAADON KPAA V. THE STATE

G. S. SOWEMIMO, Ag. J.S.C. (Delivering the Leading Judgment): The above appeal was heard on the 3rd of February, 1972, and was dismissed. As indicated then, we now give our reasons.

The accused, who was the appellant before us, was charged with the murder of one Mbeaga Nafaa on 13th of March, 1970 at Bom Village in the Ogoni District of Port Harcourt. He was tried at the High Court, Port Harcourt, in the Rivers State and on the 17th July, 1971, he was convicted and sentenced to death by Wai-Ogosu, Ag. Judge. It was against the conviction that he appealed to this court.

The appellant Baadon Kpaa was an in-law of one Mbeaga Nafaa (herein referred to as the deceased). The husband of the deceased was the uncle of the appellant. On the uncle's death he left behind a farmland which the deceased, as his wife, inherited. It would appear that during the crisis, in what was formerly known as Eastern Nigeria, the appellant and the deceased had to leave their village. The deceased returned to the…