E. O. AYOOLA, J.S.C (Delivering the Leading Judgment): The appellant, Cyril Udeh, and one Osmond Onuoha, were convicted by the High Court of Enugu State of the offence of murder contrary to section 274(1) (Cap. 36 Laws of Anambra State, 1986) and each sentenced to death on 26th June 1991. Their appeals to the Court of Appeal were dismissed by a majority (Niki Tobi. and Salami. J.J.C.A., Akpabio. J.C.A, dissenting) on 31st March, 1998. The appellant appealed further to this court from their conviction, Onuoha died before he could appeal.
The facts as found by the trial Judge (Ubaezonu, J. as he then was) and confirmed by a majority of the Court of Appeal were that the deceased, Christopher Aniaghoso, and his sister, Beatrice Chibueze, who was the 1st prosecution witness ("P.W.1'') at the trial, decided to travel to their village, lmezi-Olo in Ezeagu Local Government on 18th February, 1998. They traveled in a public transport up to a place described as the Iwollo Maternity Centre, where…