C. IDIGBE, J.S.C. (Delivering the Leading Judgment): The Appellant was on the 26th day of May, 1975, convicted for Murder and sentenced to death by the High Court of Anambra State (then East Central State) sitting at Abakaliki. This appeal is from the said judgement.
The Information in this case was preferred by leave of the High Court (Araka J.) pursuant to the provisions of Section 340(2)(a) of the Criminal Procedure Law Cap 31 in volume 2 of the Laws of Eastern Region 1963 edition applicable in the East Central State (now Anambra and Imo States). At the hearing of the appeal the learned Principal State Counsel appearing for the Respondent submitted that the trial in the lower court was a nullity, and asked that the proceedings be quashed and a new trial ordered. The attention of the court was drawn to section 18(II) of the Criminal Procedure Edict 1974 (hereinafter referred to as ''the 1974 Edict") already in force on the 9th day of September, 1974 when the High Court granted the P…