The appellant was at the High Court of Owerri Judicial Division of Imo State of Nigeria convicted and sentenced to death for the murder of Ignatius Duru. contrary to section 319 (1) of the Criminal Code.

The facts of the prosecution's case which was accepted by the learned trial Judge are as narrated by P.W.I in her evidence. P.W.I is the mother of both the appellant and the deceased. She testified before the trial court as follows-

In addition to the evidence of P. W. l. four oilier witnesses testified for the prosecution.

In his own version of the story which he narrated in his evidence viva voice, the appellant said on his return home from his day's work at about 7 p.m on the fateful day, he met one Paul Nwaneku. a maternal relation who told him that his (the appellant’s mother) had a complaint against him. He then went to his mother to find out what the complaint was. It was then, according to the appellant that his mother (P. W. I) started shouting abuses on him, despite the fact that he was mourning the death of his wife. The appellant said P. W. 1 proceeded to the house of the deceased which was about 130 metres away from his house where he was living with P. W. I. He said all along, the relationship between the deceased and him had been cordial until the former's name was associated with a gang of suspected armed robbers. He blamed P.W.I for telling the deceased that it was him (the appellant) that was responsible for spreading such rumours against the deceased.

The appellant said P.W.I was later accompanied to her room by the deceased who threatened him that should he misbehave again, he would kill him like his wife. He said the deceased then hit him with his fist on the chest, throwing him down on the ground. He also gripped him by the throat and in an effort to free himself from the deceased, the appellant said he kicked him with his foot. He then suddenly reached for his loaded gun that was inside his room, used it in hitting the deceased, but could not say whether in the course of the scuffle, the loaded gun exploded, resulting in the deceased’s death.

In all five witnesses testified in proof of the prosecution's case while the appellant testified for his own defence. In a well considered judgment, the learned trial Judge found the appellant guilty as charged and sentenced him to death by hanging. The appellant's appeal to the Court of Appeal against conviction was also dismissed and the conviction and sentence as pronounced by the trial court were affirmed. He has now appealed to this court.