Judgment
JOHN INYANG OKORO, J.S.C. (Delivering The Leading Judgment): The Appellant was arraigned before the High Court of Rivers State, Port Harcourt Judicial Division on 5th April, 2011 for the offence of murder contrary to Section 319(1) of the Criminal Code of Rivers State. He pleaded “not guilty” and the Respondent called 5 witnesses to prove the charge while the Appellant testified for himself and closed his case. At the close of trial, the learned trial Judge convicted the Appellant and sentenced him to death by hanging.
Dissatisfied with the judgment of the trial Court, the Appellant lodged an appeal at the Court below vide an Amended Notice of Appeal filed on 30th April, 2015. In their unanimous decision delivered on 26th February, 2016, the learned Justices at the Court below affirmed the conviction and sentence passed on the Appellant by the learned trial Judge, hence, his further appeal to this Court.
The facts of the case which has led to this appeal in brief are that on 13/8/2010 at about 9.20pm the Appellant, who at the time was resident at No. 1 Gada Street, Ogbunabali, Port Harcourt went to No. 6 of the same street to invite out his friend, one Manuchim Owuru but the later declined on the ground that he was not feeling well. Incidentally, No 6 Gada Street was the deceased’s matrimonial home and the deceased was with his cousin, Mr. Manuchim, when the Appellant went to invite him.
Having been informed that his friend could not go out with him the Appellant insisted to the annoyance of the deceased who told the Appellant to leave his cousin alone and come back the next day at which time he might have recovered his health. The Appellant was offended with the deceased and quarrel broke out between them upon which the Appellant issued threats against the deceased that he was going to “deal with him.” After they had dispersed, the deceased went to their house at No. 7 Gada Street and the Appellant to his father’s house at No. 1.
Both parties from this point gave different versions of what happened next. The prosecution’s witnesses testified that they (PW1 and PW2) both heard the Appellant issue threats that he was going to deal with the deceased as he was walking back home. Later, when the deceased was standing in front of No. 7 Gada Street, with his arms folded across the chest, the Appellant walk past and pretended to be buying yam from PW1’s step mother, one Mrs. Rose Chinwo, and suddenly ran towards the deceased, pulled a knife from his body and stabbed the deceased in the belly.
