M. NASIR, J.S.C. (Delivering the Leading Judgment): In Charge No. HU/36/1973 the appellant was convicted, in the High Court sitting at Umuahia by Aniagolu J., on 13th January, 1975 of the offence of murder contrary to Section 319 (1) of the Criminal Code. On the 13th November, 1975 we heard this appeal. We allowed the appeal and discharged and acquitted the appellant. We said that we would give our reasons later. We now state out those reasons.
The appellant together with five other persons were arraigned in an information preferred under Section 340 (2) (b) of the Criminal Procedure Law charging them with the murder of one Sunday Nnana.
The case for the prosecution was that on the 2nd day of February, 1972 the deceased and his wife, Oyidie Sunday Nnana, Udo Umo and Ogbonnaya Obasi went to their farms at Nturi in Okpakon bush to cut Okro. While working on the farm the deceased's wife, Oyidie, heard the voices of people approaching the farm speaking Ibibio. She alerted her husband. Whe…