KAWU, J.S.C. (Delivering the Leading Judgment): On the 9th Octobers. 1986, this appeal came up for hearing, and after hearing submissions and argument of counsel, I dismissed the appeal and reserved the reasons for judgment till today. I now proceed to give my reasons for doing so.
The appellant was charged and arraigned before the High Court, Kwale (Eluaka, J.) for the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 48. Volume II. Laws of Bendel State of Nigeria 1976. The charge alleged that on or about the 3rd of May, 1981, at Igbuku, in the Kwale Judicial Division, he murdered one George Obi. He pleaded not guilty to the charge.
The prosecution's case was that there was a disagreement between the appellant and a certain woman named Otueme Ogbondu (P. W. 7). It was over a plot of land which Otueme claimed was her husband's plot and which plot the appellant had cleared without permission. When challenged by Otueme, the appellant told her that he had cleared the…