OBASEKI, AG. JSC (DELIVERING THE LEADING JUDGMENT): The appellant was on the 23rd day of September, 1974, convicted of the murder of one Paul Dunu by Umezinwa, J. sitting at Aba in the Aba Judicial Division of the High Court of the East Central State of Nigeria and sentence to death. Being aggrieved by the conviction and sentence he appealed to this court. But at the hearing of the appeal on the 13th day of November, 1975, Mr. F.O. Akinrele, counsel assigned to argue the appeal, announced that he had nothing to urge in favour of the appeal. Mr. H.C. Oguchi (Principal State Counsel) appearing for the Respondent thereupon urged the Court to hold that the conviction was justified by the evidence on record. On a careful study of the record of proceedings, we felt satisfied that the conviction was fully supported by the evidence adduced and accepted by the learned trial Judge and we dismissed the appeal. We now give our reasons.
As already stated above, the offence for which the appellant …