The facts that led to the conviction are not in dispute. The deceased was the brother of the appellant. A dispute arose out of the use of a farmland. The appellant employed a woman to work for him on the farmland. The deceased on getting to the farm asked the woman to stop working thereon. The appellant did not take kindly to this. He then went home and collected a rod or iron bar which was later admitted in evidence as Exhibit C. He hit the deceased several times with the rod. The deceased shouted “Ukwa Egbe is killing me.” It was this shout that attracted the attention of the wife of the deceased (P.W. 1) to the scene. She ran there and saw the accused beating the deceased with the rod. The appellant's son (P.W.4) was there, but despite his plea with his father, the appellant continued hitting him with the rod. He hit him on the leg, stomach and hand. He was later carried to Abakaliki General Hospital where he died the following day in the Hospital.

Both counsel addressed the court. After a meticulous review of the evidence of both the prosecution and the defence, and a consideration of the submissions made, Offiah, J., found the appellant guilty as charged and sentenced him to death. Not satisfied with the judgment, the appellant appealed to Enugu Division of the Court of Appeal. The appeal was also dismissed and the conviction and sentence of death were affirmed. The appellant has now appealed to this court.