AMAYO
V.
THE STATE
·
UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal against a conviction for murder and sentence of death. The appellant, a police constable, was charged with the murder of one Julius Duru under section 316 of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963, erroneously stated as section 319(1). The alleged offence took place on 22 October, 1987 at Avu junction, Port Harcourt/Owerri road. He was tried in the High Court of Imo State presided over by Ubah, J. On 26 November, 1991, the learned trial judge in the concluding part of his judgment held:
"The testimonies of the 3rd, the 1st and 5th prosecution witnesses offer ample, and satisfactory proof of the ingredients of the offence of murder. In my humble view, the prosecution has proved the charge beyond reasonable doubt."
Earlier, he regarded the 3rd P.W as the only eye-witness relied on by the prosecution. He accordingly found the appellant guilty of the offence of murder and convicted him. He then sentence…