AMIRU SANUSI, JSC (Delivering the Leading Judgment): This appeal emanates from the judgment of the Court of Appeal, Owerri division (hereinafter referred to as "the lower Court or Court below") delivered on 5th August, 2015 which heard an appeal against the judgment of High Court of Justice, Imo State (Trial Court) delivered on 28th September, 2011 and affirmed the judgment of that trial Court.
FACTS GIVING RISE TO THE APPEAL
The deceased Chibuike Nlemagwu was having amorous relationship with the appellant which lasted for three years before his death. The deceased had earlier promised to marry the appellant but the appellant later discovered that the deceased was already married with some children. She thereby became disenchanted and started to hatch a plan to kill him. On 27th March, 2009 the deceased, while driving on his way coming from his village called the appellant and arranged to have a date with her and she thereby saw that overture as an opportunity to execute her plan to eli…