G. S. SOWEMIMO, AG. J.S.C (Delivering the Leading Judgment):This appeal was heard on the 6th of January, 1972 and dismissed. We now give our reasons.
The appellant (then accused) was charged with the murder of one UKPUHO alias NMAMA Sam Udofia (hereinafter referred to as deceased) on the 12th January, 1970. He was tried at the High Court of Ikot Ekpene in the South Eastern State and on the 20th of September, 1971 was found guilty and sentenced to death by Allswell-Uranta, Ag. Judge. He subsequently appealed to this court against his conviction.
The appellant and the deceased became lovers in 1967. Sometime in 1969 they became separated as a result of an allegation of unfaithfulness made by the appellant against the deceased. Attempts were made by some people, including the parents of the deceased, one Sam, Udofia Ukpuho and I Akpanyang who were the 1st and 3rd prosecution witnesses. This intervention was not successful, and the deceased, in spite of entreaties from the appellant, deci…