OLATAWURA, J.S.C. (Delivering the Leading Judgment): The only issue raised in this appeal is whether there was proper identification of the body of the deceased to the doctor who performed the post mortem examination.
The appellant was charged at the High Court of Anambra State. Abakaliki Judicial Division, of the murder of his brother one Nworie Ukwuru Enewoh. The particulars were that he murdered him on or about 30th July, 1981 at Anyimechuku Alike Ikwo contrary to section 319(1) of the Criminal Code. Cap. 30. Laws of the former Eastern Nigeria applicable in Anambra State. The prosecution called 5 (five) witnesses. The appellant gave unsworn evidence from the dock and denied the charge.
The facts that led to the conviction are not in dispute. The deceased was the brother of the appellant. A dispute arose out of the use of a farmland. The appellant employed a woman to work for him on the farmland. The deceased was getting to the farm asked the woman to stop working thereon. The appel…