YAKUBU MOHAMMED & ANOR V. THE STATE

M. BELLO, J.S.C. (Delivering the Leading Judgment): The two Appellants were on the 11th day of July, 1977, at the High Court, Enugu, convicted by Aniagolu, C.J. as he then was, of the murder of Dr. Alphonsus Okolo at Enugu on 7th October, 1975, contrary to section 319(1) of the Criminal Code of the Anambra State and were sentenced to death. The Court of Appeal dismissed their appeals and confirmed the convictions on 13th December, 1978. They have further appealed to this Court against those convictions.

The case for the prosecution at the court of trial was briefly as follows: On 7th October, 1975, at about 9.30p.m., Lawrence Ndu (P.W.4) arrived in his car at the front of 69 Owerri Road, Enugu, wherein he resided. He met a motorcycle parked in the usual place he used to park his car. For the purpose of enabling Lawrence Ndu to park the car, his cousin (P.W.3) and his driver (P.W.5) heaved the motorcycle which was locked, away from the parking place. The 1st appellant, a corporal in th…