MOHAMMED, J.S.C (Delivering the Leading Judgment): The Court of Appeal, Enugu Division, dismissed the appellant's appeal and affirmed the conviction and sentence of death passed on him by Nkop. J. of the High Court of Akwa-Ibom State for the offence of murder, contrary to section 19(1) of the Criminal Code.
At the trial the prosecution adduced evidence to show that the appellant used to frequent the house of P.W.1. Mr Essien Eyo Akpan; in order to meet his girl friend, Atim. Atim was the daughter of P.W .1. Both Mr Akpan and Atim's mother did not approve of the relationship and had warned the appellant not to come to their house for Atim.
On the fateful day, the 28th of July, 1986, the appellant visited the house of Mr. Akpan when both parents of Atim were away. Atim also followed her mother to the market. The appellant met three children of Mr. Akpan in the house. The children were. Mary Essien Eyo, the deceased. Comfort, a girl aged 12 who testified at the trial as P.W.2 and the gir…