The case for the prosecution in the court below was that on the 15th day of November, 1998 PW1, Gregory Nsoromuba, PW4 Kingsley Uzoma and the deceased, Edmund Uzoma were sent on an errand to a village called Irete. They were riding on a motor-cycle driven by PW1.On their way back from Irete village to their home at Ndegwu within Owerri Judicial Division they got near one primary school and were flagged down by appellant. When they stopped the appellant switched of the ignition key of the motor-cycle and took it. They struggled to get the key back from him when three other boys came from the primary school to help the Appellant. They succeeded in getting the key to the motor cycle and as they were about to set off, the Appellant attacked the deceased with a dagger and wounded him in the left chest. The deceased was rushed to a clinic where a nurse attended to him, but he died about midnight the same night.

The matter was reported to the police who investigated same and arrested the Appellant and charged him with the offence. PW3 Doctor Innocent Njemanze, the Principal Medical Officer at the General Hospital, Owerri examined the body of the deceased and concluded that the death of the deceased was as a result of the wound on the left lung and left ventricle of the heart and massive internal hemorrhages. In his opinion the injury could be caused by sharp penetrating object applied with force.

The Appellant in his own defence testified to, the incident of a scuffle between him and the deceased, PW1 and PW4 when they ran into him as he was riding his bicycle in the evening of the incident. He said that as he knocked the deceased down and was lying on top of him, PW4 attacked him with a dagger and injured his left thumb and in the process stabbed the deceased.

The trial judge examined the evidence on both sides and was satisfied that the offence was approved beyond reasonable doubt. He therefore convicted the appellant and sentenced him to death.

Dissatisfied with the judgement, the appellant appealed to this court.