ANTHONY NWACHUKWU V. THE STATE

ADENIJI, J.C.A.: (Delivering the Leading Judgment): In this case, the appellant was convicted for the offence of murder, under section 319 Criminal Code Cap. 30 vol. II of the Laws of Eastern Nigeria applicable in Imo State, by the High Court of Imo State sitting at Owerri, presided over by Hon. Justice L.C. Alinnor. The appellant was sentenced to death on 20th March, 2000. The appellant being dissatisfied with the decision of the court appealed against same.

The facts of the case are that the appellant and the other accused persons were well acquainted with the deceased. The appellant was in fact a relation of the deceased, who was said to be working with the deceased. At a stage the four were said to have conspired to murder the deceased so they could inherit his business. A gun was to be used, but later the idea was dropped as the sound could attract their neighbours. The deceased was therefore, strangulated and later buried in a shallow grave. The PW1, a brother of the deceased, w…