The Appellant was on 7th day of February, 1990 arraigned before the Enugu High Court in a charge of murder of one Gerald Chikezie Ozo Okeke pursuant to the provisions of Section 319(1) Criminal Code Cap. 30 Vol. 11 Laws of Eastern Nigeria, 1963 applicable to Enugu State,

The Appellant pleaded not guilty to the charge. The prosecution thereafter called nine witnesses in proof of its case, the summary of which was that the Appellant, a professional motor driver was in the employment ofPW3 (Mr. Orakwulu) while the deceased who was then living with PW3, as a motor conductor also in the latter's employment, were sent on a journey together by him.

That the Appellant and the deceased, both employees of PW3, were the driver and conductor respectively of lorry Registration Number AN 8850 B that on 13/1/85 they traveled out in the said lorry but did not return on that day as usual; that rather, another driver m the employment ofPW3 by name Patrick Mbang (PW4), drove back the lorry on 17/1/85 with PW4. That Appellant informed PW4 that he (Appellant) would go to eat at a place near Spera in Deo Petrol Filling Station, Abakaliki and thereafter visit his brother in town on 18/1/85), with nothing being heard about the deceased. This then led PW3 to lodge a report of the missing person at Abakaliki Police Station on 18/1/85, subsequent to which the Appellant was on 29/3/85 arrested in his hometown Nimo.

PW2 (Mrs. Roseline Enekwechi) later saw the corpse of the deceased somewhere along Abakaliki - Ogoja Road and identified it to PW1 on 11/7/85 before it was buried at Enugu Cemetery.

PW6 then described how he saw and removed a corpse lying at the River bank on 27/2/85 at Abakpa Nike, which he buried the same day at Enugu Cemetery. A body was thereafter exhumed at the Enugu Cemetery on 11/7/85 and the same was identified by PW2 (mother of the deceased) to PW1 (medical officer) who performed the post mortem examination.

PW6 then described how he saw and removed a corpse lying at the River bank on 27/2/85 at Abakpa Nike, which he buried the same day at Enugu Cemetery. A body was thereafter exhumed at the Enugu Cemetery on 11/7/85 and the same was identified by PW2 (mother of the deceased) to PW1 (medical officer) who performed the post mortem examination.

At the close of the case for the prosecution, the Appellant made and relied solely on circumstantial evidence. The trial Court however found the Appellant guilty of murder and sentenced him to death by hanging. Wherefore, he (Appellant) appealed to the Court below which in its considered judgment affirmed the judgment of the trial Court in its entirety following which he appealed to this apex Court.

In April 1975 the property was sold by order of court by the Deputy Sheriff, Onitsha, to the 1st defendant (Livinus Mbadugha) for a sum of N8,360.00. There-after, at the request of the Registrar of the court, Mbadugha paid an additional sum of N444-73 claimed by the bank to write off their mortgage transaction with Okeke on the property. The Registrar then issued a certificate of purchase (exhibit 7} dated 3rd May 1975 to Mr. Mbadugha. The Ministry of Works and Housing approved in principle the transfer of the property to Mr. Mbadugha (exhibit 8).