AKALONU
V.
STATE
·
I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant was at the High Court holden at Owerri charged with the offence of murder of one Edmon Uzoma contrary to Section 319 of the Criminal Code. He pleaded not guilty to the charge.
At the trial, the prosecution called a total of five witnesses two of which were star eye witnesses. The appellant also testified in his own defence. He called no witnesses. At the close of the case for the prosecution and the defence, and after addresses of counsel, the learned trial Judge carefully examined the evidence on both sides and came to the conclusion that the offence against the appellant was proved beyond reasonable doubt. He therefore found the appellant guilty and sentenced him to death.
Aggrieved by the decision of the trial High Court the appellant appealed to the Court of Appeal holden at Port-Harcourt. In a reserved judgment the Court of Appeal after consideration of all the issues submitted to it for resolution, unanimously…