MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C. (Delivering the Leading Judgment): The Appellant and one Iheukwumere Levi were the defendants in Suit No: HU/59C/2011 commenced by way of an information filed on 13/12/2011 in the High Court of Abia State, holden at Umuahia. They were charged with the murder of one Ndubuisi Umeonu on or about the 21st day of July, 2010 at Okwuyi Ibeku in Umuahia. The defendants pleaded not guilty and the prosecution called 5 (five) witnesses and tendered some exhibits in support of its case. The appellant and his co-defendant testified in their defence and called three other witnesses. The defence also tendered some exhibits.
At the conclusion of the trial and after taking the addresses of learned counsel for the contending parties, the trial court, per Hon. Justice A. U. Kalu, delivered a reserved judgment on 01/07/2013 whereby the appellant and his co-defendant were each convicted of the offence of murder and sentenced to death by hanging. The appellant’s appeal t…