The appellant was on 4th day of December 1991 at Umuahia, in the High Court of the then Imo State found guilty of murder and was convicted and sentenced to death. His appeal to the Court of Appeal, Part Harcourt Division was dismissed. He has now appealed to this Court. For fuller apprehension of the case, it is pertinent to give a summary of its facts.

On 1st of January 1980 about 1700 hours, James Adaise (hereinafter referred to as "the deceased") went to Daniel Ekpenyong to ask for his pomade to rub on his body. He returned it later but in giving into Daniel Ekpenyong's brother's wife it dropped and hit her on the toe. He never tendered any apology for this. There ensued some altercations between these two men and a fight followed. As they were struggling, James Ekpenyong's mother came out and tried to separate them. Whilst on this, according to some people she collided with a bench, and according to others it was James that knocked her down. She was on the ground when Philip Ekpenyong (now the Appellant arrived at the scene). He saw his brother Daniel in struggle with the deceased and his own mother on the ground. Philip literally took over the fight from Daniel and he and the deceased were then fighting. According to the appellant, his mother had fainted and he obviously believed the deceased was responsible. Neighbours separated them and each combatant was led to his house. It seemed that was the end or the uproar. However, Philip Ekpenyong (the appellant) broke loose from his room and went straight for the deceased in his house where he was with his mother. The struggle started again and the appellant took a kitchen knife he came with to the house and stabbed the deceased whereby it severed one of his kidneys and his viscera protruded. He was rushed to the hospital where he received treatment on admission. He died there on the 3rd of January 1980; the third day of the injury. The autopsy revealed a very deep wound that caused substantial loss of blood into the abdominal cavity and this was due to the destruction of one of the kidneys by a sharp object. This opinion tallies with the evidence of those who saw the stabbing. The death, according to the medical officer, was caused by severe loss of blood (hemorrhage) due to severed left kidney.

The appellant raised the defences of provocation and self defence. He was on 4th day of December, 1991 in the High Court found guilty of murder and was convicted and sentenced to death. His appeal to the Court of Appeal Port Harcourt Division was dismissed.

Dissatisfied with the judgment of the Court of Appeal, the appellant further appealed to the Supreme Court.