G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The appellant was at the Okigwe High Court of Imo State charged with the offence of murder. It was alleged that he, on 21-11-87, murdered one Eunice Ikezuagu along Umulolo-Okigwe/Enugu Express Road. The case was heard by Okoroafor, J. The appellant was on 13-12-91 found guilty, as charged and accordingly sentenced to death.
Dissatisfied, the appellant brought an appeal against the judgment of Okoroafor, J. before the Court of Appeal, Port Harcourt (hereinafter referred to as the 'court below'). On 28/12/2005, the court below in a unanimous judgment affirmed the judgment of the trial court. The appellant has come before this court on a final appeal. In the appellant's brief filed by his counsel before this court, the issues for determination in the appeal were identified as the following:
"1. Whether the prosecution proved its case against the appellant beyond reasonable doubt as required by law.
2. Whether the evidence of PW7 u…