IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal is consequent upon the judgment of the Court of Appeal, Enugu Judicial Division, delivered on November 24, 2020, in appeal No. CA/E/124C/2019. By the judgment in question, the Court below coram Hon. Justice O. B. Yusuf, JCA, Hon. Justice O. K. Oyewole, JCA (as then was), and Hon. Justice A. U. Umar, JCA (as then was), dismissed the Respondents appeal and affirmed the judgment of the trial High Court, thereby convicting and sentencing the Appellant to death for the offence of murder, punishable under Section 319(1) of the Criminal Code CAP 33, Volume 1, Laws of Ebonyi State of Nigeria, 2009.
BACKGROUND FACTS
It's trite that the Appellant was arraigned before the trial High Court of Ebonyi State, Ohaukwu Judicial Division, upon a one count Information Charge:
"[That you] Efom Andei on the 23rd day of January, 2014 at Amike Izhia Ohaukwu Judicial Division murdered Theophilus Chukwudi Uto."
The one cou…