ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division sitting at Enugu, delivered on the 18th day of March, 2004 wherein the Court of Appeal (hereinafter referred to as the court below) affirmed the conviction and sentence to death passed on the appellant as earlier pronounced by the trial court - the High Court, Enugu.
The relevant facts of this case may be succinctly stated as follows:
The appellant was on 7th day of February, 1990 arraigned before the Enugu High Court in a charge of murder of one Gerald Chikezie Ozo Okeke pursuant to the provisions of section 319(1) Criminal Code Cap.30 Vol. 11 Laws of Eastern Nigeria, 1963 applicable to Enugu State.
The appellant pleaded not guilty to the charge. The prosecution thereafter called nine witnesses in proof of its case, the summary of which was that the appellant, a professional motor driver was in the employ of PW3 (Mr. Orakwulu) while the deceased who was then li…