<p><strong>WALI, J.S.C. (Delivering the Leading Judgment): </strong>The appellant, Emmanuel Nwibo Nwaebonyi was arraigned before the High Court Abakaliki in Abakaliki Judicial Division, charged with the following offence -</p><p> &quot;OFFENCE: Murder contrary to Section 319(1) C.C</p><p> Particulars of Offence</p><p> Emmanuel Nwibo Nwaebonyi alias Amasiri Nwaebonyi on or about 28th day of July, 1980 at Ndiogbaga Inyimagu Izzi in Abakaliki Judicial Division murdered Nwaji Nkwagu.&quot;</p><p> He pleaded not guilty to the charge. The prosecution thereafter called a total number of 9 witnesses to prove the charge. At the close of the prosecution&#x27;s case the appellant gave evidence in his own defence but called no other witness. </p><p> The learned trial Judge, Offiah J. considered the evidence adduced and found the appellant guilty as charged and sentenced him to death by hanging. </p><p> In exercise of his constitutional right, the appellant appealed to the Court of Appeal Enugu Division and in a judgment of that court delivered by Oguntade J.J.C.A. (concur…</p>