A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): After hearing argument on this appeal on 22nd October, 1972 and without calling upon counsel for the respondent, we dismissed it as lacking in merit and indicated that we would give our reasons later. This we now do.
The appellant, Isaac Uche, was convicted in the Benin High Court (Ighodaro J.) of having murdered one Matthew Afeme, on or about the 30th day of August, 1971 at Benin and was sentenced to death.
The case of the prosecution, which was accepted by the trial court, may be stated briefly as follows.
The appellant, a driver in the Nigerian Army had on 30th August, 1971, brought 16 soldiers from Lagos to Benin in order that they might compete in certain sporting events taking place in the latter city. Soon after arrival in Benin, the appellant decided to look up the deceased, a relation of his who was also serving with a unit of the Nigerian Army based at Ikpoba Hill, in the said city. From Ikpoba Hill, the appellant, …