NKPUMA V. STATE

AKINTAN, J.C.A. (Delivering the Leading Judgment): The appellant, Nwode Nkpuma, was at Abakaliki High Court arraigned on a charge of murder contrary to section 319(1) of the Criminal Code, Cap.30, Laws of Eastern Nigeria 1963. The particulars of the offence are that the appellant, on or about the 26th March 1983 at Ugbo Nzashi Echara Ikwo in the Abakaliki Judicial Division, murdered Nweji Elom. The accused pleaded not guilty to the charge and six witnesses in all testified for the prosecution. The accused gave evidence in his defence. The court, in a reserved judgment delivered on 3rd October, 1985 found the accused guilty as charged and sentenced him to death by hanging.

The accused was dissatisfied with the verdict of the court and has filed two grounds of appeal against the judgment. The two grounds are:

"1. That the decision of the trial Judge is altogether unwarranted, unreasonable and cannot be supported having regard to the evidence before the court.

2. That the trial Judge erred …