I. L. KUTIGI, J.S.C (Delivering the Leading Judgment): The appellant was charged with the murder of one Blessing Ngozi Boms contrary to Section 319 of the Criminal Code applicable in Rivers State. He pleaded not guilty to the charge.
The facts of this case are well stated in the judgment of Ogundare J.C.A. who delivered the unanimous judgment of the Court of Appeal. On 29th November, 1985, Ama Boms (P.W.1) who was the landlord of one Bassey Udoh had a disagreement with one Friday Udoh, a relation of Bassey Udoh over the volume at which Friday was playing his stereo set. Friday was staying in Bassey's room who had travelled abroad then. There was a fight as a result of which P.W.1 sustained injuries and lodged a complaint at the Police Station. Consequently, Friday and one Anthony Ekanem who was with Friday at the relevant time were arrested and detained by the Police. Later in the day, the two arrested persons were released on bail to the appellant. The three of them together with tw…