The facts of the case are in the following brief narrative: On 28th April 1984 at about 9.00p.m. Four students, Christopher Ejiogu, Emmanuel Obiyor, Simon Ejiogu and Emmanuel Nnodi all of Federal Government College, Owerri were going to the stream to take bath. On their way they saw the Appellant, He was going in the same direction. Christopher Ejiogu greeted him. The Appellant did not respond. He continued on his way. A moment later he came back and rebuked the four students for not giving him his due respect by calling him "Nda" Simon Ejiogu, who hereinafter shall be referred to as the deceased, pleaded with the Appellant to go. The Appellant turned to the deceased and asked "If it were his (deceased's) brother, Patrick, would he show such disrespect to him?" The deceased told the Appellant not to mention the name of his senior brother. The Appellant slapped the deceased. The deceased held the Appellant. The two were holding each other when the deceased shouted that the Appellant had stabbed him. The other boys came and held the Appellant. The Appellant wriggled free and escaped. He was later arrested by the police. The deceased was rushed to the hospital and he died on the same day.

The Appellant was tried for murder before Nwogu J of Imo State High Court, As I mentioned at the opening of this judgment, the learned trial Judge convicted the Appellant of the offence of murder and sentenced him to death. He appealed to the Court of Appeal but the appeal was dismissed. Hence his final appeal to this Court.