J.O. OGEBE, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of Court of Appeal, Enugu delivered on the 18th of July, 2001 in which it dismissed the appeals of the appellants and affirmed the judgment of Anambra High Court which convicted the appellants of the murder of one Maduneke Enweonye (hereinafter called "the deceased").
The facts of this case as put forward by the prosecution were that there was a dispute among the members of Umuereagu Osiokwe Anaku Community as to the ownership of one Ikpi Fish-pond. The dispute was resolved and the fish-pond was leased to one Chief Philip Ezeobu for five years. The first accused in the trial court was employed as a guard to watch over the pond. After a while he was removed and replaced with the deceased. The first accused in the trial court was not happy and threatened in the presence of many people in a community meeting that he would kill the deceased. The deceased subsequently disappeared and was never found.…