O. OLATAWURA, J.S.C. (Delivering the Leading Judgment): At the end of the hearing of this appeal on 7th February 1991, I dismissed the appeal and I adjourned the reasons for the dismissal of the appeal till today. I now give my reasons.
The appellant was charged with the murder of one Elizabeth Nwafor contrary to section 319(1) of the Criminal Code, Laws of Eastern Nigeria, applicable to Anambra State. The particulars of the offence are that on or about 7th day of November 1983 at Ndiggu Okoffia Ezza in Abakaliki Division of the High Court of Anambra State he murdered the said Elizabeth Nwafor. He pleaded not guilty. The facts relied on by the prosecution were that the appellant was a boyfriend of the deceased who at the time of her death was about 13 years old. That association was in existence for about one year before the deceased met her death in the hands of the appellant on 7th November 1983. On that fateful day, the appellant who was quite known to the mother of the deceased, w…