A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The appellant Andrew Idemudia was charged in the Mbano/Etiti High Court of Imo State with the murder of one Ngozi Okpara contrary to section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Eastern Nigeria 1963. He was tried and convicted. He was sentenced to death. On appeal to the Court of Appeal, that court dismissed the appeal and affirmed his conviction and sentence. The appellant has further appealed to this court.
The prosecution's case is that on 19 November, 1985, the appellant and four other police officers were on duty at a police check point at Onu Imo Etiti-Umuahia Road, in Imo State. At about 9.a.m. P.W.1 drove up in a Hiace bus reg. No. RV. 6133 D. He was carrying his church co-members to a graduation ceremony at Assembly of God Mission Divinity School Old Umuahia. The group was singing and praising God. The appellant stopped the vehicle and questioned P.W.1 as to their destination. P.W. 1 told him. He then…