JOHN AFOLABI FABIYI, J.C.A (Delivering the leading Judgment): This is an appeal against the judgment delivered by Maranzu, J., while sitting at the High Court of Justice,Owerri in Imo state of Nigeria on 10th August, 1995. The trial Judge convicted and sentenced the Appellant to death for the murder of one Victor Igbo Opara, contrary to Section 319(1) of the Criminal Code,Vol. II Laws of Eastern Nigeria, 1963 applicable in Imo State of Nigeria.
The facts garnered by the trial Judge in the murder trial are very revealing. They are not far fetched. For a proper appreciation of the issues canvassed in this appeal, it is apt to reproduce the salient facts at a reasonable length.
P.W.1 Stella Opara, is the deceased's wife and the star witness. According to her, the deceased set fire on waste papers used in their pit latrine/toilet. The fire got out of control and spread to plantain shrubs, belonging to Alexander Opara - Appellant's father. It also led to the fall of a bean tree which dest…