ONU, JSC: (Delivering the Lead Judgment) On 4th May 2000, 1 summarily dismissed this appeal and reserved the reasons for my decision for today. We did not feel obliged to call on the learned Counsel for the Respondent to reply. I herein proffer my reasons briefly as follows:-
At the conclusion of the prosecution’scase before the trial High Court against the Respondent for murder punishable under Section 319(1) of the Criminal Code, that Court (per Olukole, J.) sitting at Omoku returned a verdict of guilt against the Respondent and accordingly sentenced him to death by hanging on 18th October, 1991. The Court of Appeal, holden at Port-Harcourt (Coram: Katsina-Alu, Uwaifo, J,CA as they then were and Nsofor, J.C.A) to which the Appellant’s appeal lay, after a dispassionate appraisal of the case reversed the trial Court’s decision by holding, inter alia , as follows:- “It will be seen plainly that the cause of death is consistent with the version of the Appellant. His case was that he …