A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 6th day of May, 1976 after hearing counsel on the only ground of appeal he argued before this Court, without calling on Respondents Counsel and now give our reasons.
The Appellant was, at Abakaliki in the High Court of the former East Central State, was tried on Information for the offence of murder of Ovuta Oraku, contrary to section 319(1) of the Criminal Code, vol. II Laws of Eastern Nigeria 1963 by Amadi-Obi, J., and convicted and sentenced to death.
The facts established before the learned trial judge in a summary are as follows:
The deceased was a junior sister of the Appellant who stood in-loco-parentis to her.. the evidence shows that he gave her away in marriage and when the marriage broke down, he accommodated her in his house until her style of living and sexual behaviour assumed such proportion of immorality that he ordered her out of his house at Amagu Umuafia, Oshiri, Ohoazare-A…