PETER OLABISI IGE (Delivering the Leading Judgment): This appeal is against the judqment of the High Court of Federal Capital Territory delivered by HON JUSTICE U. P KEKEMEKE on 8th December, 2016, convicting the Appellant of murder charge and sentencing him to death by hanging.
The one count charge of murder against the Appellant reads:
"That you Uche Okeke "m" 42 years of Angwan Azara Gwagwalada FCT on or about the 15th October, 2011 at about 00Hrs did stab your father Mr. Christopher Okeke on the head with a broken bottle which led to his death and thereby committed an offence contrary to section 220 (a) and (b) of the Penal Code."
The plea of the Appellant was duly taken and the matter proceeded to trial and at the end of trial and addresses of Learned Counsel to parties the Learned trial Judge gave considered judgment wherein he held as follows:
"In a Charge of Culpable Homicide such as in this case, the Prosecution is required to prove beyond reasonable doubt not only that the ac…