C. IDIGBE, J.S.C (Delivering the Leading Judgment): We now give our reasons for dismissing this appeal on 11th December, 1975. The appellant was on 29th May, 1975, in the High Court of the Umuahia Judicial Division convicted of the offence of murder of a woman, one Ijeoma Chukwu and sentenced to death therefor by Aniagolu, J. The incident was said to have occurred on 8th February, 1975, at Amankulu village in Alayi district of the Bendel Administrative Division of the East Central State.
Put shortly, the case for the prosecution is as follows: The appellant had been away from home for some time, having lived for a while in the Island of Fananda Po (now part of Equatoria Guinea) and later in Jos in the Benue-Plateau State of Nigeria. While away from home he left his wife, Esther Okorie (P.W.3), in his village which he visited infrequently; and on one of such visits on 2nd February, 1975, he observed that Esther (his wife) was pregnant and his inquiries revealed that she became pregnant…