M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant was convicted at the High Court, Ogoja of the murder of Cyril Bishung and was sentenced to death. He appealed to the Federal Court of Appeal against conviction and the appeal was dismissed. He has now appealed to this Court.
The facts before the trial court, which were not in dispute, may be summarized as follows. On 16th December, 1975 both the appellant and the deceased took part in a football match after which there was hot argument between them. The appellant returned to his room at Front Line Hotel, Obudu. Not long afterwards the deceased went to the hotel and met the appellant in the room. A fight ensued between them in the room. The fight, according to the appellant, lasted about ten minutes. The time was about 7 p.m. P.W.2, James Akpagu was an eye-witness to the fight. He said in evidence that he had gone to the "generator room" of the hotel to switch on the hotel electric plant when he heard some noise comin…