ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Enugu Division (herein called the Court below) which judgment was delivered on the 29th day of June 2019.
The Appellant was tried before the High Court of Ebonyi State on a one count charge on the offence of murder contrary to Section 319 of the Criminal Code Law Cap 33 Vol 1 Laws of Ebonyi State. The one count charge is reproduced as follows:
Statement of offence
Murder contrary to Section 319(1) of the Criminal Code Law CAP 33 Vol 1 Laws of Ebonyi State of Nigeria 2009.
Particulars of offence
Amaoge Chukwu on the 31st day of August 2009, at Akaeze Ukwu Village Ndubia River in Ivo Judicial Division murdered Ajali Amah.
The facts leading to this appeal are, that prior to the 31st day of August 2009, the deceased and the Appellant had some sort of misunderstanding which resulted in the deceased always calling the Appellant derogatory names at every given opportunity. On a fatef…