UWANI MUSA ABBA AJI (PJ), J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Imo State sitting in Owerri presided over by Hon. Justice Nonye Okoronkwo, delivered on 8/10/2010 in charge No. HOW/35c/2000 - The State V. (1) Cyracus Ezeama (2) Anthonia Duru; wherein the Appellant was convicted and sentenced to death by hanging for the offence of murder contrary to Section 319 (1) of the Criminal Code Cap. 30 vol. 11, Laws of Eastern Nigeria, 1963, applicable to Imo State.
The brief facts of the case are that on 18/11/1998 between the hours of 4pm to 7pm, a couple; Basil Ezeama and his wife Francisca Ezeama, met their death at Umuduruaro Ubokoro Atta in Njaba Local Government Area of Imo State. The deceased husband, Basil Ezeama was on top of his bicycle with his deceased wife on the passenger seat when he was inflicted machete cuts and died on the spot along Orlu-Umuduruaro Ubokoro Atta road to harvest some farm produce from their farm. T…