OGWUEGBU, JSC (Delivering the Leading Judgment): The appellant herein was on 28:5:85 found guilty of the murder of Marbel Nnaoma and sentenced to death by Ononuju, J. sitting at the Umuahia Judicial Division of the High Court of the former Imo State.
The appellant appealed to the Court of Appeal, Port Harcourt Division against the judgment. His appeal was unsuccessful and he has further appealed to this court.
At the hearing of the appeal on 2:2:95, this court granted the appellant leave to file and argue four additional grounds of appeal. From the grounds of appeal, the following issues were formulated in the appellant's brief of argument:
"(1) Whether the appellant was properly convicted and sentenced to death for the crime of murder when the prosecution did not prove beyond reasonable doubt the appellant's complicity in the cause of the deceased's death?
(2) What is the effect of the prosecution's failure to investigate the appellant's defence of alibi, when from the record, such …