ALEXANDER, C.J.N. (Delivering the Leading Judgment): The appellants were the accused in Charge No. AB/51C/73. They were tried in the High Court of the East - Central State sitting at Abakaliki for the murder of Echem Otagbara and were convicted and sentenced to death on 17th December, 1973. On 2nd October, 1975, we allowed the appeal, set aside the convictions and sentences of the appellants and ordered that they be acquitted and discharged. We now give our reasons for allowing their appeals.
The learned trial Judge said in his judgment that "the whole case against the accused persons was founded on circumstantial evidence which counsel submitted was not cogent enough." He also pointed out "that there is no evidence to the effect that the accused persons actually killed the deceased." Indeed, at the hearing of the appeal, learned counsel for the appellants, Mr. F.O. Akinrele, in a few brief submissions based on his ground of appeal clearly demonstrated that the evidence at the trial d…