CHRISTOPHER MITCHEL CHUKWUMA-ENEH, J.S.C (Delivering the Leading Judgment): This appeal filed by one Oguejiofor Ilodigiwe (appellant) is against the judgment of the Court of Appeal Enugu Division (lower court) that has affirmed the judgment of the High court of the Anambra Judicial Division holden at Otuocha, (trial court presided over by Ezeani J.) which has convicted and sentenced the appellant and 5 (five) other co-accused persons to death by hanging for the murder of one Maduneke Enweonye missing since 8/6/1994 and whose dead body has not been recovered to this day.
Aggrieved by the decision the appellant has by an undated Notice of Appeal appealed the decision to this court raising five grounds of appeal therein. As required by the Rules of this court all parties to this appeal have filed and exchange their respective briefs of argument.
The appellant in his brief of argument filed in this matter on 28/9/2010 has formulated a sole issue for determination as follows:
"Whether the …