C. IDIGBE, J.S.C. (Delivering the Leading Judgment): The appellant was on the 25th day of March, 1975 convicted by Umezinwa, J. in the High Court of East Central State holden at Aba of, and sentenced to death for, the offence of murder of one Egwuruanya Okonko at Mgbokonta Amuzu village on the 26th day of March, 1974, and we dismissed his appeal from the said judgment on 11th December, 1975 for the reasons we now give.
Following the custom of the people of Mgbokonta Amuzu Village the 26th March, 1974 was set aside for harvesting of palm fruits from all communal palm trees in the said village; this is an annual event which is intended to benefit every member of the village. According to the evidence which the trial court accepted any member of the village or his duly appointed agent who is the first to arrive at the base of any particular palm tree carrying at the same time his palm harvesting paraphernalia (i.e. matchet AND "climbing-ropes") has the right to the exclusion of any other…