UWANI MUSA ABBA AJI (PJ), J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Abia State High Court holden at Osisioma delivered by Hon Justice N.C. Otti on 5/10/2009 in Charge No.HOS/5C/2006, wherein the Appellant was convicted and sentenced to death by hanging for the offence of murder contrary to Section 319 of the Criminal Code Cap.30 Vol.II, Laws of the Eastern Nigeria, applicable to Abia State.
The facts of the case for the Respondent are that on the 16/12/2005, the deceased, Godwin Okwandu, who was a land agent, left his house at about 6:30am in the company of the Appellant and 2 young men to the Appellant's land situate at Umuode, Abia State, to ascertain its boundaries. Nonetheless, the deceased did not come back home even by 9 pm; consequent upon which the deceased's wife complained to his younger brother, who equally told a relation; Sunday Nwaochanmuo. Since it was late, a search was conducted the next day whereupon the deceased's body wa…