T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In charge No. C/52C/71 in the High Court of the Calabar Judicial Division held at Calabar on 10th January, 1972, P. O. E. Bassey, J., convicted the accused person of the murder of Arit Edet Sambo on 5th October, 1970, at Ikang Village, contrary to section 319 (1) of the Criminal Code of the former Eastern Nigeria.
The facts are as follows. One day, at about 3 p.m. in the early afternoon, the accused, a trader living at Archibong Ok on Street, Ikang, Calabar, was visited in his room by the deceased, a married woman whom he described as his trading customer. After both had been together in the room for a while the accused said that the deceased asked for water, after taking which she began to "tremble" and soon fell down suddenly on her left shoulder vomiting as she lay on the floor. The accused said that he went to the room of his co-tenant, Okon Etim (1st prosecution witness) to invite him to come and see what was happening. The …