CHIFOANI OKORIE V. THE STATE

OKORO JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division, delivered on 17 July 2014, wherein the court belowaffirmed the conviction and sentence to death of the appellant by the High Court of Imo State, holden at Owerri for the offence of murder. The appellant was one of nine accused persons charged with murder contrary to section 319(1) of the Criminal Code, Cap. 30 Vol. 11, Laws of Eastern Nigeria 1963 as applicable to Imo State of Nigeria. A brief facts leading to this appeal will suffice. The prosecution’s case as accepted by the trial court is that on 3 March 2005, three of the accused persons, i.e. the 1st accused - James Ugwuoha Duru, the 6th accused - Sussana Duru and the 8th accused - Matthias Ohazuruike, went to the house of the deceased Nze Dominic Duru at Amaudara Izombe in Oguta Local Government Area of Imo State to remind him of their previously scheduled arrangement to go to their farmland to, amongst oth…