ARO NIVOME V. THE STATE

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The Appellant was at the High Court, Abakaliki convicted by Anya, J., of the murder on the 21st May, 1971 of one Joseph Chukwu and sentenced to death. He appealed against that judgment to this court and on the 13th March, 1972 we dismissed his appeal at the hearing, stating that we would later give our reasons for so dismissing the appeal.

According to the prosecution and the evidence given at his trial, the appellant on the date of the crime had killed six children and severely wounded one who was taken to the General Hospital. One of those who were killed was Joseph Chukwu. There was no eye-witness of the killing of Joseph Chukwu but the story was told at the trial of the appellant by one John Okochi (3rd P.W.) that on the 22nd May, 1971, he heard an alarm by a woman called Ivo Ajali. As a result of the alarm he ran out in the direction and saw in the compound of the appellants, apart from the woman Ivo Ajali, a number of the …