KUTIGI, J.C.A. (Delivering the Leading Judgment): At the Abakaliki High Court, the appellant was charged with the following offence
"Statement of Offence
Murder contrary to section 319(1) of the Criminal Code Cap.30, Vol.II Laws of Eastern Nigeria, 1963.
Particulars of Offence
Ogbodo Ebem on the 12th day of July, 1977 at Nkumoro village Ishieke Izzi, in Abakaliki Judicial Division murdered Ebem Nwite."
At the trial four witnesses testified for the prosecution while the appellant testified in his own defence. The case for the prosecution in brief was that the appellant had suddenly attacked his direct junior brother (P.W.1) at night inside his room and dealt him several matchet cuts. P.W.1 ran out raising an alarm which attracted their deceased father. Thereupon the appellant bounced on the father and equally dealt him matchet blows from which he eventually died. Before the incident the appellant had never exhibited any abnormal behaviour and had no misunderstanding with any member of the f…