ADIO, J.S.C. (Delivering the Leading Judgment): The charge preferred against the appellant at the High Court, Imo State, Owerri Judicial Division, was murder contrary to section 319 of the Criminal code, Cap. 30 of the Laws of Eastern Nigeria, 1963, applicable in Imo State. The allegation against him was that he, on the 6th day of September, 1980, along Owu Mbaise Road in Owerri Judicial Division unlawfully murdered one Vincent Chukwu.
When the charge was read and explained to the appellant, for his plea, he pleaded:
"I murdered him by right."
The learned trial Judge, in view of the plea of the appellant, entered a plea of "not guilty" for the appellant. The evidence led by the prosecution was that on the 6th day of September, 1980, at about 5.30 p.m., the 1st P.W., was going from her home in Ikeduru to a maternity home in Mbaise when she saw the appellant hiding in a bush. The deceased was riding a bicycle towards the place where the appellant was hiding. When the deceased got there …