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GALADIMA, J.CA. : This is an appeal against the judgment of an Enugu State High Court presided over by Umezulike (J) delivered on 31/10/2001.
The charge against the appellant was that on the 8/7/96 at No. 5 Ogbete Crescent, Enugu he murdered one Kinsley Ifeanyi Abiti. The appellant pleaded not guilty to the charge. The prosecution, in proof of its case called four witnesses after which the defence made a no case submission, which was overruled. Thereafter, the defence called four witnesses. At the end of the trial, learned trial Judge found the appellant guilty under section 274(1) of the Criminal Code, Cap.36 Vol. 1, Laws of Anambra State 1986 (applicable to Enugu State) and sentenced him to death.
The Appellant, being dissatisfied with the judgment, filed an appeal dated 7/12/2001 against the learned trial Judge's finding and sentence on eight grounds.
Briefs of argument were filed and exchanged. Appellant's brief was filed on 3/3/2003 and reply brief was filed on 26/4/2004. On 4/10/20…