ITA GEORGE MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in suit no. HOW/46C/99, delivered on 28/7/2008, by Hon. Justice C. M. I. Egole, whereof the learned trial Judge convicted the appellant for murder and sentenced him to death, by hanging.
Appellant, as the accused person at the court below, was charged with murder of Innocent Nwosu on 22/6/1992, by giving him several matchet cuts. Thereafter, he, Innocent Nwosu, was rushed to the hospital where he died. The murder charge was founded on Section 319 of the Criminal Code, Cap 30, Volume 11 Laws of Eastern Nigeria as applicable to Imo State of Nigeria.
Appellant, as accused person, was arraigned on 15/6/2006, when he took plea, and pleaded not guilty to the charge. See page 44 of the records. At the end of the trial, the lower court convicted the appellant and found him guilty as charged, and sentenced him to death, by hanging.
A brief facts of the case shows that, on 22/6/9…