LEWIS, J.S.C. (Delivering the Leading judgment ): On the 21st December, 1970, Ofoke Ala Ibo was convicted of murder by Anyah, J. sitting in the High Court, Abakaliki and sentenced to death and has now appealed to this court. The facts adduced by the prosecution were brief in the extreme as there was no eye witness to the killing and the conviction of the accused turned upon a confessional statement (Exhibit "A") that he made, which the learned trial Judge accepted and believed, in which he said:
"Nwaokoro owed me the sum of five shillings being the price of a hoe that I sold to him. Since the period that I sold the hoe to him, whenever I go to him to demand the money he will tell me to get out. So on the 22nd day of March, 1969, I met the said Nwaokoro in a place that they sell wine, there I ask him about the money again he told me to get out. That what can I do, so after we finished drinking the said Nwaokoro went and waited me on the way when I go to the place, that he was waiting f…