ONYIRIMBA
V.
STATE

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellant was convicted and sentenced to death by D.E. Njiribeako, J., of the old Imo State High Court, sitting at Umuahia, for the murder of one Malam Grema Mohammed. He was alleged to have hit the deceased on the head with a piece of firewood as a result of which the latter died shortly thereafter. The appellant denied it all. The state relied mainly on the evidence of PW1 and PW4. The former described himself as a medical practitioner and was said to have performed autopsy on the deceased. PW4 was a young lad whose age the learned trial Judge assessed at about 11 years at the time he testified. He claimed to be an eyewitness to the killing of the deceased, who was his father, by the appellant. The Judge accepted his evidence in preference to that of the appellant. He was satisfied that -"PW4 was an eye-witness and I believe his evidence. I accept the evidence and find as a fact that when he and his brother went to fetch water …