SAM UEL UGHENEYOVWE V. THE STATE

AUGIE JCA (Delivering the Lead Judgment): The appellant was convicted and sentenced to death by hanging by an Ughelli, Delta State High Court for the murder of his wife, Beauty Samuel. Four witnesses testified for the prosecution, but its star witness was PW3, Oyibo Modupe, a direct child of the deceased and a stepchild to the appellant. He was about 11 years old at the time and the only other person present when the incident that led to his mother’s death occurred on the 17th day of March, 1990, but he was 15 years old when he testified on the 22nd of March, 1994. According to him, at about 4.00 am that night, the appellant woke up the deceased and asked for food because he said he was to travel; the deceased gave him the food and went back to bed. After eating, the appellant went to the parlour; took his gun and pointed it at the deceased; when PW3 asked him if he wanted to shoot his mother, the appellant told him to shut up and there and then, shot the deceased in the chest. The …