OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of Owerri Division of the Court of Appeal, delivered on the 11th day of July, 2012 Coram: Abba Aji, Owoade and Tsammani, JJCA.
The appellant and two others had been arraigned on a two count charge of conspiracy to murder and murder of one Cecilia Ogbonna. They were tried, found guilty and convicted by the High Court of Imo State sitting at Owerri. The three of them were sentenced to death pursuant to Section 319(1) of the Criminal Code applicable to the State.
The fact of the case goes thus-
The deceased Mrs Cecilia Ogbonna lived within the same neighbourhood with the appellant's mother Mrs. Ifeoma Okereke. A common wall separated the houses of both women as they were both married into the same family. During her life time, there had been an unresolved dispute between the deceased and appellant?s mother. The latter had accused the deceased of having killed her son?s dog and threatened tha…