A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The appellant was tried on information for the murder of Ugadiya Ofoha contrary to Section 319(1) of the Criminal Code and convicted by Obi-Okoye, J., sitting at Okigwe in the High Court of the East Central State of Nigeria.
Aggrieved by the decision, the appellant appealed to this court. But at the hearing of the appeal on the 11th day of December 1975, counsel for the appellant had nothing to urge in favour of the appellant and having satisfied ourselves that the conviction was justified by the evidence on record, we dismissed the appeal without giving reasons then.
We now give our reasons.
The facts of the case are briefly as follows:
The appellant Nwashiri Ofoha and the deceased Ugadiya Ofoha were widows of the same husband Ofoha who died many years previously. They lived together in the family house at Amauzari but not happily. The evidence is that it was the appellant that always provoked the quarrel. Each had her own…