SAMPSON NKEMJI UWAEKWEGHINYA V. STATE

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of the former Imo State in the Umuahia Judicial Division (now in Abia State), the appellant herein was arraigned for the offence of murder contrary to and punishable under section 319(1) of the Criminal Code, Cap. 30, Laws of the former Eastern Nigeria applicable to lmo State. It was alleged that the appellant did murder one Gabriel Ejioforon the 4th day of June, 1986 at Ndi Eheugo, Bende, in the said Umuahia Judicial Division. At the trial, the prosecution called six witnesses in proof of the charge, while the appellant was the only witness for the defence. After the address of counsel and in his judgment, delivered on 17th of December, 1987, Maranzu, J. convicted the appellant for the offence of murder and sentenced him to death. The appellant appealed to the Court of Appeal where the following issues were submitted for the determination of the appeal:-

(1) Whether the admission by the learned trial Ju…