NWIBO NKWUDU OVUJI V. THE STATE

G. S. SOWEMIMO, AG. J.S.C. (Delivering the Leading Judgment): This appeal was heard on 29th November, 1971, and was dismissed. We now give our reasons for so doing.

The appellant was convicted of the murder of one Adaka Imafu and sentenced to death on 7th September, 1971, at the High Court, Abakaliki, by Anya, J.

The case made out in the High Court as accepted by the learned trial Judge, was that on the night of 27th of November, 1970, one Adaka Imafu (later deceased) was in the apartment of his wife, Nkwoagu Adaka (P.W.2) where he had gone to pass the night. The appellant later that night went to Nkwoagu Adaka's apartment and knocked at her door. The deceased and his wife woke up and the appellant on being asked the object of his mission said that he had come to deliver a message to Adaka Imafu. He (Adaka) got up from the bed and proceeded to open the door for the appellant. He was followed at a distance by his wife Nkwoagu Adaka. On opening the door, the appellant struck Adaka Imafu…