KARIBI NUNYIEWA V. THE STATE

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellant in this case has appealed to this court against his conviction by the High Court, Port Harcourt (Wai-Ogosu, Ag. J.) of the murder of one Osiga Nwine. One of the eye-witnesses to the killing of Osiga Nwine was Lebia Maebu, a sister-in-law of the appellant. According to her, on the day of the incident she was in her house with one Kuku Nwine, the appellant and Osiga Nwine (later deceased). The appellant was eating a meal when Osiga Nwine insisted on eating with the appellant. This was resented by the appellant and as Lebia Maebu observed this, she provided Osiga Nwine with his own food. Osiga ate part of his own but later suddenly left his own food and went over to the appellant again insisting on eating with the appellant his own (appellant's) share of the food. The witness stated that at this stage she advised Osiga Nwine to leave the appellant alone to his meal but Osiga did not heed the advice. Instead, he carri…