G. S. SOWEMIMO, Ag. J.S.C. (Delivering the Leading Judgment): The appellant was convicted and sentenced to death on a charge of murder at the Abakaliki High Court in the East Central State on 16th August, 1971 by Anya, J. He appealed to this court against his conviction. The appeal was heard on 29th November, 1971, and was dismissed. As we indicated then we now give our reasons for dismissing the appeal.
The case for the prosecution was that on the 23rd of July, 1970, Ominyi Okpete, Romanus Nwanyi (P.W.2), Nwaigwe Nkwuda, (later deceased) and the appellant met in the house of one Nkwuda Nwite. They were invited there along with others to join in some merriment with Nkwuda Nwite, on the occasion of the return of his son from Fernando Po.
After staying there for some time, P.W.1, P.W.2 and Nwaigwe Nkwuda left the house of Nkwuda Nwite. On their way back to the village, Nwaigwe Nkwuda suggested that they should call at the house of One Igwe Ogeikpa, whom he referred to as his uncle, to h…