SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): On the 13th of August, 1971 Wai-Ogosu, Ag. J., in the Port Harcourt High Court in Charge No. PHC/18C/1971 convicted John Mgboko of the murder of Eunice Mgboko and sentenced him to death, and against that decision he has appealed to this court.
The accused never denied killing the deceased, who was his wife, but it was his case that the killing took place in circumstances that enabled him to raise in the alternative the defences of self-defence or provocation such as would reduce the killing from murder to manslaughter. The learned trial Judge rejected both his defences.
There was no eye witness to the killing, though the 3rd P.W. had been present when the accused had asked the deceased to come home with him from their farm and she had refused though the 3rd P.W. advised her to go with her husband and shortly thereafter he heard a shout from the deceased and going to where he had left them, he saw the accused running away and foun…