C. IDIGBE, J.S.C. (Delivering the Leading Judgment): We now give our reasons for allowing this appeal on the 24th March, 1977. In the High Court of Bendel State holden at Warri, the appellant was convicted and sentenced to death on the 30th July, 1976 for the murder of Raphael Okafor on the 17th day of August, 1973, at Ojobo Village in Western Ijaw.
Briefly, the case for the prosecution is as follows:- The deceased was a servant to Paul Okafor (PW.1) who had come to Ojobo from his hometown in the then East Central State to understudy the appellant in the trade of palm-wine tapping and distillation of local gin. It was originally agreed between the appellant and PW.1 (Paul Okafor) that the period of "apprenticeship" would be nine months, during which he (PW.1) would not only act as servant of the appellant but would also render account, and make available to the appellant a substantial part, of all sales realised by him from all palm-wine tapped and collected, as well as from all gin d…