G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The five appellants were amongst seven accused persons who were charged with the offence of unlawfully killing one Ukobasi Uba in May, 1970, at Umeze Agbu in Okigwe. On the conclusion of the trial at the Umuahia High Court of the East Central State, the five appellants were convicted of the offence of murder and sentenced to death by Nwokedi, J., on the 18th of May, 1972. They have appealed to this court and at the hearing on the 19th of October, 1972, their appeals were dismissed and we now give our reasons for so doing.
The case for the prosecution was that Ukobasi Uba, who will hereinafter be referred to as the deceased, was a brother of the 1st appellant. At the time of the incident, their father was dead and had left some farmlands for the two sons. It did not seem from the records that prior to the time of the event, there was any dispute about the farmlands between the two of them. On the material date in May, 1970, at a…