The appellant who was a trainee trader with the deceased who was alleged to have killed the deceased over the issue of the deceased refusing to acknowledge that the shed he gave to the appellant was an outright gift. The appellant had maintained it was an outright gift which he could dispose of as his, while the deceased maintained he only permitted the appellant the use of the shed in acknowledgement of the services the appellant had rendered for him.

The defence of the appellant was that on the fateful day he had gone to his hometown Afe and his houseboy knew he left for his hometown at about 5.30a.m. In his statement to the police, Ex. A, though he said he went to Afe on that day he never mentioned the issues of his house boy’s knowledge of the journey nor the name of anyone who saw him in his home town in Afe.

Against this was the positive evidence of the 4th P.W. one Chukwudi Igweiku who also served under the deceased. He said that on the fateful day he heard a gun shot when he was on his way apparently to meet the deceased. He realized that the deceased had been shot and he pursued the assailant. He then discovered it was the appellant who did it and saw him running away. He shouted the appellant’s name and pursued him up to Uga junction. It was then the appellant mounted his motor bicycle and escaped.

The learned trial Judge sifted the evidence carefully and believed the 4th P.W. while disbelieving the evidence of the appellant. He convicted the appellant of murder and sentenced him to death. The appellant appealed to the Court of Appeal which court dismissed the appellant’s appeal.