ABRAHAM NJOKU V. THE STATE

SYLVESTER UMARU ONU, J.C.A. (Delivering the Leading Judgment): Before Pats-Acholonu, J. in the Imo State High Court holden at Mbano-Etiti, the appellant, Abraham Njoku was arraigned for the offence of murdering his father, Mathew Njoku (hereinafter referred to as "the deceased"') on 31st January, 1984 at Umuezike Umuezeala Ama Mbano contrary to section 319(1) of the Criminal Code. Cap. 30 Vol.II Laws of Eastern Nigeria, 1963 applicable to Imo State. In a trial that lasted from 23rd June, 1988 to 4th November, 1988 where three witnesses, none of whom was an eyewitness in all testified for the prosecution and the appellant alone testified for the defence, the learned trial Judge convicted and sentenced the appellant to death.

The brief facts of this patricide are that on 14th January, 1984 at Umuezeala, Mbano, the appellant exchanged words with the deceased and as a result struck him (deceased) with a kitchen knife at the back. The deceased fell and was later rushed to Geopath Inland C…