U. ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the High Court, Owerri, Imo State dated 22/11/79 convicting the appellant for murder and sentencing him to death. The appellant appealed to this Court. In a one sentence judgment dated 12/5/81, the appeal was dismissed. The appellant appealed further to the Supreme Court. The Supreme Court in its judgment dated 15/10/92 sent the case back to this court to be reheard on merit.
The facts of the case briefly are that on 3/2/77 at Okuku, in Owerri Judicial Division one Alfred Onwusumaka now deceased was walking together with Mbonu Iroegbulam, who testified as P.W.1 the trial and the son of the deceased to the house of the deceased to have their meal.
As they were walking, P.W.1 heard a sound at their back he turned and saw the appellant holding a single barrel gun and a matchet. He talked to the appellant and the appellant indicated that he was going to his farm. P.W.1 then joined the deceased and…