A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The Appellant herein was charged under Section 319(1) of the Criminal Code (Cap. 30 - Laws of Eastern Nigeria) with having, on the 8th day of November, 1974 at Mata Obofia Awgu, in the Enugu Judicial Division, murdered one Oriaku Ojioma, alias Oriaku Ojioma Obu alias Oriaku Oji. He was tried by Okagbue, J. (as he then was) in the High Court of the East Central State of Nigeria and at the end thereof was convicted and sentenced to death. He then appealed unsuccessfully to the Court of Appeal against his conviction on a number of grounds, none of which is relevant for the purpose of this final appeal.
The short point raised in this appeal is whether, as contended for the appellant for the first time in this court, his trial is rendered null and void on the ground of non-compliance with Section 164 of the Criminal Procedure Law (Cap. 31- Laws of Eastern Nigeria).
The non-compliance relied upon came about when the charge on which th…