C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): We now give our reasons for dismissing this appeal on the 1st of April, 1976.
The appellant was charged in the High Court, Calabar, with murder contrary to Section 319 of the Criminal Code; and the particulars of offencewere that on the 19th of March, 1974 at Ofonekom, he murdered Nyama Agara.
The incident took place at Ekpa, Ofonekom where the appellant and other farmers had yam barns. There were 35 yam barns in all; the 2nd yam barn belonged to the appellant whereas the 35th yam barn belonged to Osam Nyama (P.W.1) - the father of the deceased.
The deceased had passed the 2nd yam barn and was on his way to the 35th yam barn at about 6.00 a.m. on the 19th of March, 1974 when he was shot dead by the appellant. Soon thereafter, the appellant told Richard Ofrenya (P.W2) that he had killed the deceased and took P.W.2 to the scene which was a few yards away from the appellant's yam barn.
There were gun shot wounds on the deceased; …