A. O. OBASEKI, JSC (Delivering the Leading Judgment): The appellant, a middle aged man of 40 years and a native of Igbo Ekureku village in Obubra Local Government Area of Cross River State was in the High Court of Cross River State sitting at Ikom (Effanga, J.) tried and convicted of the murder of Edu Efe Ntomo (f) an old woman of 60 years and sentenced to death on the 9th day of June, 1971. His defence of denial of the killing and of insanity as a result of intoxication was rejected by the learned trial Judge for almost total absence of evidence in proof.
Aggrieved by the conviction, he appealed to the Federal Court of Appeal, his three main grounds being:
"(1) That my friend offered me a cigarette in my father-in-Law's compound where we were entertained with drinks, which after I had smoked, it pushed me into wild behaviour.
(2) That under this influence of a supposed cigarette I made my way back to my house where I started to act violently and this resulted in my using a matchet on…