AKPIROROH, JCA: (Delivering the Lead Judgment): The appellants, Patrick Ibeneme was convicted of the murder of Ignatius Okere hereinafter called the deceased by the Owerri High Court and sentenced to death contrary to section 319(1) of the Criminal Code Cap. 38 Vol. II Laws of Eastern State, 1993 applicable in Imo State on the 27th day of April, 1995.
The prosecution called six witnesses while the appellant gave evidence in his defence and called no witness.
The facts of the case as presented at the court below was that at the time of the death of the deceased, he was managing a Barbing Saloon which he operated with a Yamaha Generator for PW1 and also lived there. On 28/6/90, appellant went to the bar where the deceased met him and both of them took some wine and cigarettes before they left for their different houses. As he approached his house, he saw the 2nd, 3rd and 4th A accused persons who had been discharge in front of the deceased’s Barbing Saloon and he joined them. While they…