B. O. KAZEEM, J.S.C. (Delivering the Leading Judgment): The appellant was charged under section 319(1) of the Criminal Code Law, Cap 30 of the Laws of Eastern Nigeria 1963 with an offence of murdering one Obodo Nwojiji on or about 30th day of September, 1979. He was tried at the High Court Abakaliki and found guilty of the offence by Adimora J. He was then convicted and sentenced to death.
The facts proved at the trial were as follows:- The appellant, the deceased and four other persons, went to the house of one Akuma Nwangbo (PW5) where they drank about six bottles of illicit gin. While drinking, both the appellant and the deceased quarrelled; but the quarrel was settled by those present, and the appellant thereafter left for his home. Later that night, both the deceased and one Obom Nwede, a relation of the appellant, went to the hut of one Nwagbonyi Igwe (PW1) who was aroused from her sleep when the door of her hut was broken down. On getting outside, she saw them and the deceased…