NDIDI NKEMAKOLAM V. THE STATE

UWANI MUSA ABBA AJI (PJ), J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of P. O. Nnadi J. of the High Court of Imo State sitting in Owerri, in charge No. HOW/80C/2006 wherein the learned trial judge sentenced the Appellant to death by hanging for the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Eastern Nigerian applicable to Imo State.

The facts of the case briefly, is that, on the 9th day of July, 2006, Curing the early hours of the day, the accused went to the house of PW1 and PW2 who are Okenze Linus Nworgu and Emeka Nworgu respectively and reported to Emeka Nworgu that one Acho Nworgu, his brother was cutting her kola nut tree.

Emeka Nworgu went to the house of the accused and saw the said Acho Nworgu and went back to his house. Sooner or later there were some noises which attracted Emeka Nworgu and upon an inquiry, was told that the accused had killed his brother. Emeka quickly ran to the scene of the…