NGWUTA MBELE V. THE STATE

AGBAJE, J.S.C. (Delivering the Leading Judgment): On 19/4/90, I dismissed the appellant's appeal summarily. I indicated then that I would give my reasons for doing so today. I now proceed to do so.

The appellant, Ngwuta Mbele, was charged in an Abakaliki High Court of the Anambra State of Nigeria with the murder on 18/3/84 at Inyima Amuzu Ezza in the Abakaliki judicial Division of his wife, Onwushi Ngwuta. The actual trial of the case began before Offiah, J., on 17/1/85 and ended with the judgment the learned trial Judge gave in it on 30/4/85 whereby he found the appellant guilty as charged and sentenced him to death. In all five witnesses testified for the prosecution. The appellant testified in his own behalf. He called no other witness.

In his judgment the learned trial Judge held as follows:-

"I have carefully considered the evidence led by the prosecution and the defence. I believe the evidence of the prosecution witnesses and find that it was the accused who inflicted the match…