JOHN AFOLABI FABIYI, J.S.C. (Delivering The Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division (the court below) delivered on 18th July, 2001. Therein, the court below dismissed the appeal of the appellant and affirmed the judgment of the trial High Court of Anambra State, Otuocha per Ezeani, J. delivered on 1st August, 1996 wherein he was convicted and sentenced to death along with five others for the murder of one Maduneke Enweonye. I note it here that the appellant was the 4th accused person at the trial court.
As extant in the record, the facts as briefly stated by the prosecution are that there was a dispute over the ownership of Ikpi fish pond in Anaku between one Sunday who claimed exclusive ownership and the rest of Umuereagu Isiokwe kindred which claimed communal ownership. The dispute was resolved in favour of the community which later leased the fish pond to one Chief Philip Ezeoba of Nando for five years. The said chief employed…