UWAIS, CJN (Delivering the Leading Judgment): The appellant was charged in the High Court of Imo State (Ojiako, C. J.) with the murder of one Sylvanus Agbarakwe contrary to section 319 subsection (1) of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963 applicable to Imo State and was sentenced to death.
The prosecution case is briefly as follows: On the 20th day of September, 1993, there was a ceremony in Umunoha town to mark the end of a mourning period which was referred to as "mourning clothes removal ceremony." The masquerade dancing group of Umuokpara Ejimadu people was invited to Umunoha to participate in the ceremony. The group arrived there at about 2.00 p.m. and took part in dancing. At about 4.00 p.m., the deceased, Sylvanus Agbarakwe, who was a very good singer, came from Aba and joined the masquerade group and took over the singing. After the performance by the masquerade group, they bade farewell to the head of the masquerade of Umunoha town.
As they were on the…