Judgment of the Court
Delivered by
Karibi-Whyte. J.S.C.
Appellants at the Anambra State High Court, sitting at Nsukka, were charged with two others for the murder of one Chukwuma Okoro. Appellants alone, were on the 23rd September. 1985 convicted and sentenced to death. The other two were discharged and acquitted. Appellants’ appeal to the Court of Appeal was heard in the Court of Appeal Division sitting at Enugu; and dismissed on the 16th June, 1988. This is a further appeal from the judgment of the Court of Appeal by the appellants.
The facts of this case may be stated shortly as follows – Benson Ukwunnenyi, Echena Chito, 1st and 2nd appellants, respectively, Sampson Echa and Ozoemena Chukwuemeka, 3rd and 4th accused persons at the court of trial are all members of the same family and related to one another by blood. One Paul Onwubiko, a relation of the ‘deceased Chukwuma Okoro who appellants are alleged to have murdered, had in 1982 stabbed the 4th accused, also a relation of the ist appellant, on the head. Early in the morning of 26th December, 1983, the same Paul Onwubiko had murdered Onuora Chizor, the elder brother of 1st appellant, who was responsible for his education at Idah Polytechnic, Benue State.
In his statement to the Police and evidence in court, 1st appellant stated that he decided to look for Paul Onwubiko and to know why he had chosen to maim or kill members of his (1st appellant’s) family. It was during this search that he encountered the deceased, a relation of Paul Onwubiko. The deceased engaged him in a fistfight without offensive weapons. In the ensuing exchanges, he applied his knowledge of Karate, kicked the deceased with his leg and knocked him down resulting in the death of deceased. 1st appellant claimed to have fought and killed the deceased alone, and that he did not employ any matchet or sharp instruments. 1st appellant admitted seeing P.W.6 at the scene of the encounter, but denied seeing P.W.4.
