BENSON UKWUNNENYI & ANOR V. THE STATE

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): Appellants at the Anambra State High Court, sitting at Nsukka, were charged with two others for the murder of one Chukwuma Okoro. Appellants alone, were on the 23rd September, 1985 convicted and sentenced to death. The other two were discharged and acquitted. Appellants' appeal to the Court of Appeal was heard in the Court of Appeal Division sitting at Enugu; and dismissed on the 16th June, 1988. This is a further appeal from the judgment of the Court of Appeal by the appellants.

The facts of this case may be stated shortly as follows - Benson Ukwunnenyi, Echena Chito, 1st and 2nd appellants, respectively, Sampson Echa and Ozoemena Chukwuemeka, 3rd and 4th accused persons at the court of trial are all members of the same family and related to one another by blood. One Paul Onwubiko, a relation of the 'deceased Chukwuma Okoro who appellants are alleged to have murdered, had in 1982 stabbed the 4th accused, also a relation of the 1…