M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): This appeal was allowed on the 17th September, 1985. The conviction of murder and the sentence of death passed on the appellant were quashed and in their place we substituted a verdict of acquittal and discharge. Our reasons for doing so were reserved.
I now give mine.
The appellant was tried and convicted of murder by the Anambra State High Court, sitting at Abakaliki. Only the prosecution adduced evidence at the trial. The learned judge believed the testimony of the prosecution witnesses. The gist of their evidence may be summarised as follows. On the 15th January, 1979, one Nweje, P.W.1 who is the husband of the accused, was in the compound of one Idoke when his sister-in-law, called Eke Agbo, came to tell him something; as a result of what she told him, P.W.1 returned to his house. From the house Eke Agbo took him to his farm which was only 5 yards away. Eke Agbo showed him a dead body. P.W.1 recognised the corpse as that of …