HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the High Court of Delta State delivered by Hon. Justice M. Umukoro on 10/10/2006 wherein the learned trial judge sentenced the Appellant to death by hanging. Below are the undisputed facts that led to this appeal:
The Appellant and the deceased, one Miss Oghenekome Obogho were apparently lovers and as at December 2000 were in Taraba State where they lived as a couple.
In 2003, the deceased and the Appellant relocated from Taraba to Igbide Town. The "couple" stayed with the deceased's father for some days before packing to the appellant's father's house in Ekpo.
There is evidence of the Appellant battering the deceased on several occasions upon suspicion of infidelity. The deceased then moved in with one Samuel who was her former lover and a staff of Oleh Local Government. Upon discovery of this fact, the appellant visited the said Samuel's house, met the deceased there and t…