EKO, J.S.C. (Delivering the Leading Judgment): At the High Court of Rivers State (coram: S. H. Aprioku, J) the appellant was charged, tried, and convicted on 16th August, 2013 of the murder punishable under section 319(1) of the Criminal Code Law, Cap.39, Laws of Rivers State, 1999. He unsuccessfully appealed his conviction. The lower court (M. L. Garba, T. N. Orji-Abadua and B. G. Sanga, JJ.CA) affirmed the conviction and sentence, finding no merit in the appeal. B. G. Sanga, J.C.A. wrote the lead judgment that was unanimously concurred by the two other Justices. The appellant has further appealed to this court.
Though the appellant’s counsel formulated two issues from the four grounds of appeal; the respondent’s counsel, on the other hand, had formulated three issues for the determination of the appeal. Two of the said three issues are identical with the appellant’s two issues. The third issue is clearly subsumed in the two issue the parties herein were ad idem on. The two issues ar…