OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Imo State High Court sitting at Mbano/Etiti, delivered on 19 November 2003 by I.O. Agugua J. wherein the appellant was convicted of the offence of murder and sentenced to death by hanging. The information laid against the accused is as follows:
“Statement of offence: Murder contrary to section 319(1) of the Criminal Code, Cap. 30, Vol.11, Laws of Eastern Nigeria, 1963 (as applicable in Imo State Nigeria.)
Particulars of offence: Henry Nwokearu on 25 February 1994 at Umuogele Umuariam Obowo in the Mbano/Etiti Judicial Division murdered Felix Onuoha.”
The prosecution had called 6 witnesses in proof of the charge while the defence called 3 witnesses including the accused. The prosecution led evidence which the trial court believed that without any provocation or fight the accused deliberately stabbed the deceased with a dagger and caused his death. He was found guilty of the offence of murder. …