OKECHUKWU OKAFOR V. THE STATE

OGAKWU JCA (Delivering the Lead Judgment): It was Christmas Eve, 24 December 2005. Three friends decided to have fun to herald the Christmas. They visited their friend at Unity Street, Ogida Quarters, Benin City. Other friends were present. A drinking spree ensued. A carton of star beer was made available. They were drinking. In the course of their binge, things went awry. An altercation arose resulting in a fight and the fatal stabbing of the deceased, Chukwudi Okorie, by the appellant. The appellant was arrested, arraigned and tried on one count charge of murder. He was convicted by the High Court of Edo State and sentenced to death on 3 July 2009.

This appeal is against the said judgment. The original notice of appeal was filed on 30 September 2009. With the leave of the court, an amended notice of appeal was filed on 11 December 2014. The records of appeal were compiled and transmitted and deemed as properly transmitted during the hearing of the appeal on 18 February 2015. The pa…