IGUH, J.S.C. (Delivering the Leading Judgment): The appellant, Jeminabo A. Princewill, was on the 8th day of March, 1985 arraigned before the High court of Rivers State holden at Port Harcourt, charged with the offence of murder contrary to section 319 of the Criminal code. The particulars of the offence charged are as follows:-
"That you, Jeminabo Adokiye Princewill, on the 24th day of December, 1982 at 37, Ibadan Street, Waterside, Port Harcourt in the Port Harcourt Judicial Division murdered Ebitenyefa Clifford".
The appellant pleaded not guilty to the charge and the case proceeded to trial.
The substance of the case as presented by the prosecution is that the deceased at all material times was the wife of the appellant. At about 8 p.m. of the 24th December, 1982, P.W4. Okoritei Amachree, who is the appellant's brother heard him ask the deceased for his key. The deceased replied that she misplaced the key whereupon the appellant ordered her to move to the window and open it. The d…