ONNOGHEN, J.S.C. (Delivering the Leading Judgment):
This is an appeal against the judgment of the Port Harcourt Division of the Court of Appeal in Appeal No. CA/PH/151/2001 delivered on 9th December, 2003 in which the court substituted a conviction of manslaughter for that of murder earlier handed down by the trial court. Appellant is dissatisfied with the said judgment and has therefore appealed to this court while the respondent cross appealed on the finding of the lower court to the effect that appellant acted in self defence.
The charge against the appellant reads thus:
“At the session holding at Umuahia on the 16th day of January, 1984 the court is informed by the Attorney General of Imo State of Nigeria on behalf of the state that Iheanyighichi Apugo is charged with the following offence:
Statement of Offence
Murder, contrary to section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Eastern Nigeria 1963 as applicable to Imo State.
Particulars of Offence
Iheanyighichi Apugo, on th…