IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellant stood trial before the Imo State High Court, sitting at Oguta, on an information that the Attorney-General of the state had laid before that Court. The statement and Particulars of offence as contained in the information were as follows:
Statement of offence:-
Murder, contrary to section 319 of the Criminal Code Cap. 30, Vol. II, Laws of Eastern Nigeria 1963, as applicable in Imo State.
Particulars of offence
Peter Ndakwu on the 18th day of April, 1988 at Mgbala Agwa in the Oguta Medical Division, murdered one Alexander Atta."
The prosecution's case before the lower Court was that during a quarrel between the appellant and the deceased the former shot the latter in the head with a gun. The latter died the following day as a result of the wound he sustained from the shot to his head. To prove this case the prosecution called PW1 to PW5 PW 1 and PW 4 claimed in their evidence before the trial Court that they were eyewitn…