AKPIROROH, J.C.A. (Delivering the Leading Judgment): The appellants, Fyneface Nnunukwe, Nathaniel Ibe Nnunukwe and Clement Anyalebechi Njoku were convicted of the murder of Hycienth Onyekazi Obilor hereinafter called the deceased by the High Court of Rivers State sitting at Isiokpo and sentenced to death contrary to section 319(1) of the Criminal Code, Cap. 30 Laws of the Eastern Nigeria, 1963 applicable in Rivers State on the 3rd day of July, 2000.
The prosecution called eleven witnesses while each of the appellants gave evidence in his defence and called no witness.
The facts of the case for the prosecution as presented in the court below can be summarised as follows:
On 22/2/95, PW6, Joshua Nwankwoala had his birthday party and appointed the deceased the chairman. At the end of the party, PW3 Christian Nwankwoala took the deceased at his request to his girl friend's house (PW8) in the premises of the 1st appellant. The deceased told him to come back to pick him at 5 a.m. the follo…