By this appeal the Appellant, Sunday Amala is seeking to set aside the majority judgment recorded against him by the Court below per Ikongbeh & Ogebe (JJCA) wherein his conviction for the offence of murder by the trial Court was affirmed. His trial and conviction arose upon an information filed by the Attorney General of Abia State that the Appellant and Ngozi Onyenso on the 5th day of March 1992 at Ntigha Nvosi, in Isiala Ngwa Judicial Division murdered one Nwa Nwaosuagwu Ojo.

At the trial, the learned trial Judge having considered the evidence, delivered a considered judgment in which he concluded that the two accused persons were guilty of the offence of murder, convicted each of them and passed the sentence of death on each of them. As they were both dissatisfied with the judgment and orders of the trial Court, each of them appealed to the Court below. That Court after due consideration of the evidence on record and the submissions of learned counsel for the parties, formed the view that the 2nd Appellant, namely, Ngozi Onyenso was wrongly convicted by the trial Court. The Court below therefore ordered that the conviction and sentence pronounced upon Ngozi Onyenso be set aside. In its place, the Court below made an order of discharge and acquittal in his favour.

This appeal as stated above is therefore against the conviction of Sunday Amala and its affirmation by the Court below.