PHILIP EKPENYONG V. THE STATE

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant was on 4th day of December 1991 at Umuahia, in the High Court of the then Imo State found guilty of murder and was convicted and sentenced to death. His appeal to the Court of Appeal, Port Harcourt Division was dismissed. He has now appealed to this Court. For fuller apprehension of the case, it is pertinent to give a summary of its facts.

On 1st of January 1980 about 1700 hours, James Adaise (hereinafter referred to as "the deceased") went to Daniel Ekpenyong to ask for his pomade to rub on his body. He returned it later but in giving it to Daniel Ekpenyong's brother's wife it dropped and hit her on the toe. He never tendered any apology for this. There ensued some altercations between these two men and a fight followed. As they were struggling, James Ekpenyong's mother came out and tried to separate them.

Whilst on this, according to some people she collided with a bench, and according to others it was James that knock…