MICHAEL UDO UDO V. THE STATE

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by Michael Udo Udo against the confirmation by the Court of Appeal, Enugu Division of his conviction for murder and a sentence of death by hanging passed on him by an Oron High Court presided over by Esin, J., on the 13th of September, 1982.

Before the court of trial, he was charged that on the 3rd of June, 1979, at Adiata Fishing Port, Oron, he murdered Owong Bassey Ekpenyong. It is enough to state that at the conclusion of the trial, he was convicted and sentenced to death according to law. On appeal the Court of Appeal, Maidama, J.C.A., Olatawura and Ajose-Adeogun JJ.C.A. concurring, resolved all the three issues that arose for determination against the appellant and dismissed the appeal.

The appellant has appealed further to this Court. Although he had filed seven grounds of appeal with his notice of appeal, the appeal was argued on the appellant's brief which was based on the additional grounds of appeal…