MOHAMMED,J.S.C. (Delivering the Leading Judgment): This appeal is from the decision of the Court of Appeal, Enugu Division, affirming the conviction of the appellant for the offence of murder, contrary to section 319(1) of the Criminal Code. The appellant was sentenced to death by Ecoma, J. (as he then was) of Cross River State High Court.
The incident leading to the conviction of the appellant happened on 15th April. 1983. at Ikot Asuquo Affiong Aye village, in Akpabuyo, within the Calabar Judicial Division. The deceased, Dickson Udo, sent his daughter, Nkoyo Dickson Udo, to a nearby store to buy some foodstuffs. As it was already dark the girl went with a lantern to the store. On her way back she met the appellant who asked her to allow him light his lantern with her own.
The girl gave him the lantern and after he had lit his own he invited the girl to come into his room to collect her lantern. On coming into the room the appellant held her and told her that he would have sexual in…