OBASEKI, AG. J.S.C. (Delivering the Leading Judgment).: We dismissed this appeal on the 9th day of December, 1976 and now, as notified by us, give our reasons.
The appellant was in Charge No. HJ/13C/74 tried for the offence of murder contrary to section 319 of the Criminal Code by the High Court of South Eastern State (now Cross River State) presided over by Ntia, J. found guilty and convicted on the 5th day of May, 1975.
The particulars of the offence given in the charge reads:
"James Obi Achabua and Peter Nkpe between the 3rd day of April, 1973 and 21st day of April, 1973 at Bajanfue Beebo Ikom in Ogoja Judicial Division did murder Christopher Egada".
Five witnesses were called by the prosecution while two testified for the defence and briefly the facts established by evidence before the learned trial judge are as follows:
Christopher Egada was a house servant to the appellant at Bajanfue village and had lived with him for about 2 years prior to his death. On or about 1st day of Apr…